FG Declares Amotekun Illegal

Federal Republic of Nigeria has declared as illegal the new South West security initiative codenamed Amotekun.

In a release made available to our correspondent this evening, the Federal Government expressed strong opposition to the initiative.

THE statement signed by Umar Jubril Gwandu on behalf of the Ministry of Justive states that the "FG is a sovereign entity and is governed by laws meant to sustain its corporate existence as a constitutional democracy. It is a Federation of states, but with the Federal
Government superintending over matters of national interests."

The statement read further "The
division of executive and legislative authority between the Federal
and State Governments has been clearly defined by the Constitution of
the Federal Republic of Nigeria 1999 (as amended)"

According to the Federal Government "It is against the same background that matters relating to the peace,
order and good government of the Federation and in particular, the
defence of the country, are enshrined in the Exclusive Legislative List. The Second Schedule in Item 17 deals with defence. This is a matter that is within the exclusive operational competence of the Federal of Government of Nigeria. No other authority at the state level, whether the executive or legislature has the legal authority over defence.

The setting up of the paramilitary organization called “Amotekun” is
illegal and runs contrary to the provisions of the Nigerian law.  The
Constitution of the Federal Republic of Nigeria 1999 (as amended) has
established the Army, Navy and Airforce, including the Police and
other numerous paramilitary organisations for the purpose of the
defence of Nigeria.

As a consequence of this, no State Government, whether singly or in a
group has the legal right and competence to establish any form of
organization or agency for the defence of Nigeria or any of its
constituent parts.  This is sanctioned by the provision of Item 45 of the Second Schedule of the Constitution of the Federal Republic of Nigeria (as amended) authorizing the Police and other Federal
government security services established by law to maintain law and order.

The law will take its natural course in relation to excesses associated with organization, administration and participation in “Amotekun” or continuous association with it as an association.

 Finally, it is important to put on record that the Office of the
Attorney General and Minister of Justice was not consulted on the
matter. If it had, proper information and guidance would have been
offered to ensure that Nigeria’s defence and corporate entity are
preserved at all times.

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