Attorney-General of the Federation, Mr Abubakar Malami, has declared as actionable the anew launched South-West aegis accouterments codenamed, Amotekun. The arch law officer, acting on account of the Federal Government, acerb posited that “no accompaniment government, whether apart or in a accumulation has the acknowledged appropriate and adequacy to authorize any anatomy of organisation or bureau for the defence of Nigeria or any of its basic parts”.
This development, expectedly, did not go able-bodied with abounding Nigerians and has been a accountable of hot debates and controversies. Therefore, in this unsolicited but acute acknowledged opinion, efforts would be fabricated to anatomize the acknowledged position of the Federal Government on Amotekun and added accessory affairs arising therefrom.
It is acute to acutely accompaniment the two above area aloft which Mr Malami declared Amotekun as illegal. One, he said the 1999 Architecture of the Federal Republic of Nigeria (as amended), herein referred to as “the Constitution”, accustomed the Army, Navy and Air Force, Police, et. al and consequently, no accompaniment has the appropriate in law to authorize any anatomy of aegis alignment for the defence of Nigeria or any of its part. He cited Item 45 of the Additional Schedule of the constitution. Two, he argued that his appointment was not consulted on the matter. That if the South-West governors had consulted, he would accept provided able “guidance” that will admonition abstain the “illegality”.
On the aboriginal ground, it is a adage that the “police and added aegis agencies accustomed by law” are alone the business of the Federal Government as provided beneath the Item 45 of the Additional Schedule of the 1999 constitution.
The catechism that follows, therefore, is: is Operation Amotekun a anatomy of accompaniment badge abhorred by our constitution? Well, during the official barrage of the Operation, the acknowledgment to this important brain-teaser was acutely given. It was Arakunrin Rotimi Akeredolu, a Senior Advocate of Nigeria, and the controlling Governor of Ondo State, who fabricated it abundantly bright that “Operation Amotekun is not an addition to the Badge Force but (a) accompaniment accepted aegis outfit”. In added words, Operation Amotekun is artlessly a bounded intelligence acquisition outfit. Being a accompaniment to the Nigerian Badge by way of built-in intelligence acquisition is not actionable beneath our architecture or any law whatsoever. Operation Amotekun is, therefore, not alone built-in but awful patriotic. Anyone in agnosticism about this may apprehend calm the aftereffect of the accouterment of Sections 24(e) and 14(2)(b) of the 1999 architecture of the Federal Republic of Nigeria.
To added abutment this point that Operation Amotekun doesn’t run adverse to any accounting law in Nigeria, Governor Kayode Fayemi of Ekiti Accompaniment fabricated it accepted that the cadre of the operation would buck no arm. The accouterments was artlessly an intelligence acquisition one which would admonition the badge in no baby admeasurement to accompany about accord and orderliness in our country. So, if Section 14(2)(b) of the 1999 architecture provides that the "the aegis and abundance of the bodies shall be the primary purpose of government", it is not out of abode or actionable for the government of states in a arena to appear calm and authorize an intelligence acquisition accouterments which will aid and accompaniment the efforts of the Nigerian Badge Force in accomplishing that purpose.
Therefore, it is important to respectfully accompaniment that it alone appears the Attorney-General of the Federation seems not to be beside of what Amotekun is all about afore authoritative the pronouncement. The position of the law canvassed by the abstruse Attorney General, best humbly, alone administer to accompaniment policing and added aegis agencies accustomed by law and not a built-in intelligence acquisition outfit. If Mr Malami was accommodating abundant to get beside of what the operation is about, he wouldn't accept accustomed at that hasty and erroneous conclusion.
Let us alike accept after acceptance that Operation Amotekun is "illegal", we are of the apprehensive assessment that it doesn't lie in the aperture of the abstruse AGF to acknowledge it as same. It is alone the cloister that has the inherent ability and built-in administration to accent Operation Amotekun as actionable and unconstitutional.
On the additional ground, it is rather hasty that the abstruse Attorney-General of the Federation accepted the South-West governors to argue him for advice, advice and directive. It is abnormal for the AGF to accept that apprehension because: one, it is not a claim of law and two because it is not the AGF who will behest to the governors the best way to apparatus their built-in authorization to defended the lives and backdrop of their people. Authoritative such a appointment is absolutely accidental and conflicting to our polity. It shows acutely the AGF assume to be arrogating too abundant admiral to himself.
Beyond the legalese, it allegation be emphasised that this aback and alternating on Amotekun would accept been causeless and accidental if ours was a accurate federal system. The present federal anatomy is aloof too adulterated and unsustainable. The beguiling federalism we convenance in Nigeria is dubious, apocryphal and fraudulent. If the accurate federalism is what we absolutely practice, I bet this affair would not accept arisen at all.
Additionally, this sad bearings is alone a quick admonition that this centralised policing arrangement is inefficient, anemic and unsustainable in a federal system. There would accept been no allegation for Operation Amotekun in the aboriginal abode if our aegis agencies accept not bootless in their primary assignment to aegis the lives and backdrop of the citizens. With the growing amount of banditry, kidnapping, herdsmen attacks, agitation and others, one would apprehend a able and able policing system. What do one apprehend the abandoned citizens to do back the accompaniment aegis has failed? Self-help and self-defence, provided for beneath Section 33(2)(a), which is adverse to the accumulated actuality of the country.
Frankly speaking, it appears the abstruse Attorney General is added political than acknowledged on this issue. I absolutely cannot accept why the AGF will be quick to acknowledge actionable Operation Amotekun and would avoid his eyes abroad from the Hisbah Badge (a accompaniment police), Joint Task Force and added aegis agencies in the country, decidedly in the north. It was in the account afresh that Hisbah Badge alike had the gut to arrest an administrator of the Nigerian Badge Force. Like an boilerplate Marlian, the AGF absitively to “look away” on all this but larboard no bean unturned is “illegalising” Amotekun. We allegation be curious!
Although I am not an ethnicist, I accomplish adventurous to say there is a growing amount of amusing and political asperity in the country. Yes, I apperceive absolutely that it is abnormal to absolve a ‘wrong’ by authoritative advertence to addition amiss elsewhere. The attitude of the AGF, accusatory one and advancement a bent neutrality on the other, is at best hypocritical and a appearance of one-sidedness. This bent and biasness should accord all acquisitive of the connected actuality of Nigeria a account to worry.
In conclusion, Operation Amotekun has its abounding flaws that allegation be bound remedied by the accordant parties. First, it is alone a reactionary action and that is precarious. Again, the stakeholders in allegation were beclouded by affections and were in a blitz while bearing the abstraction after necessarily dotting the i’s and bridge the t’s. It is absitively that the action is a abundant one but the planning and accomplishing were so poor. Be that as it may, the abstraction is a accelerating one that allegation be accurate by all patriots. The allowances in Amotekun is far above the challenges and inadequacies.
I hereby adjure the stakeholders to ensure the achievement of an enabling law establishing Amotekun in the six South-West states. Although, alike if an enabling law is accustomed to that effect, it would in no way affect the amends of the operation back beheld from Mr Malami’s lens. So, bold it has been allowable as law afore now, it would accept still been ‘illegal’ according to Mr Malami’s argument.
I additionally advance that the operation manuals of the aggregation should be fabricated accessible for all and assorted to apprehend so as the action not to get misunderstood.
For the governors, I allegation them never to be abashed or bow to pressure. This is a arduous time that the initiators allegation never comprise accepted for bargain political acumen by continuing able on their area and at their adversity people.
Nothing, nobody, can stop an abstraction whose time has come.
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