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Amotekun Not Unconstitutional, Falana Tackles Malami - Politics (3) - Nairaland

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Ultimatum To Herders: SANs Back Akeredolu, Insist Action Not Unconstitutional / Tinubu Breaks Silence On Amotekun , Says Amotekun Not Threat To National Unity / Ibrahim Babangida Says Amotekun Not Viable, Advises South-west Governors (2) (3) (4)

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Re: Amotekun Not Unconstitutional, Falana Tackles Malami by codedguy1(m): 1:15pm On Jan 16, 2020
Blue3k2:


Im of the opinion they're all illegal
and amending the constitution is the ultimate solution. Amotekun is free to operate. We'll see if the FG will enforce their laws by arresting them.

I read Amotekun is an unnamed force. That's extreamly foolish considering criminals are armed.



A police force is state backed agency that enforces criminal and civil law. That's my definition at least.

Im of the opinion these state security forces are illegal. The final solution is a constitutional amendment. Vigilante might be a grey area since they're individuals. They're allowed to bear arms if they get a license according to fire arms act 1990. I believe the other sections of constitution already bound everyone but it's left to FG to enforce it.

I quite agree with you concerning the bolded

But there is a problem. The fg has allowed the hisbah and supported the JTF in the north east. To come say this Amotekun is illegal is double speak and will jot hold water.

It only lends credence to those who believe there is a sinister agenda the dullard and his attorney general to want to term this as illegal. Imagine miyetti Allah trying to infiltrate the so called illegal outfit. The nerve.

Let the se and ss establish theirs and let this shithole crumble.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Jeamillz2020(m): 1:15pm On Jan 16, 2020
gunuvi:

At the bolded above, which police arrested the officially recognized police force seen in an hotel last week with some women.
My brother, leave suya for aboki, Amotekun has come to stay. Any Fulani or useless killers will be arrested and prosecuted by our amotekun warriors. Yoruba will no longer be killed like fowl in its lands again. Never again.
it shall be well with you
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Hotfreez: 1:16pm On Jan 16, 2020
ridwan006:
We don't need more security forces, we have the army, the police and other paramilitaries... Bleep omotekun, its a trash!

Sharia police, Hisbah and Civilian JTF in the North are trash.

Whether you like it or not, you must obey Amotekun if you step into Yoruba land. If you don't want it, go and die.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Jeamillz2020(m): 1:17pm On Jan 16, 2020
All aboki's and the rest of the fools saying rubbish � about Amotekun. You be beg your God not to make you commit cos if you do chaiii you are dead.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by wink2015(m): 1:29pm On Jan 16, 2020
Oladimeji Ramon

Human rights lawyer, Femi Falana (SAN), has differed with the Attorney General of the Federation, Mr Abubakar Malami (SAN), on the legality of the southwestern states’ joint security outfit, code-named ‘Amotekun’.

Barely a week after the five South-West governors jointly inaugurated Amotekun for the security of the zone, the AGF, on Tuesday, issued a statement, declared the security out illegal and unconstitutional.

Falana spoke in Lagos on Wednesday at the 16th Annual Gani Fawehinmi Lecture, with the theme, “Federalism and the Judiciary in Nigeria”.

Falana, who was the programme moderator, described Malami’s position on Amotekun as discriminatory, noting that northern states were operating similar security outfits such as Hisbah and the Civilian Joint Task Force.

Falana said, “In the North-East region, particularly Yobe and Borno, there is a civilian JTF, well-armed; and sometimes when the soldiers are afraid they ask the civilian JTF to go and confront Boko Haram.

“In Kano and Sokoto, you have Hisbah. Three weeks ago, Hisbah in Zamfara arrested a policeman; they said the policeman was caught in a hotel with three women and they said that was an abomination.

“The point I’m making is that the Nigerian state has collapsed; we are deceiving ourselves. What the (South-West) governors are doing is not more than the Neighbourhood Watch in Lagos. The only prohibition against any kind of group is in Section 227 of the Constitution – Nobody shall set up a military wing for political reasons.”

Falana said if an individual could apply for a licence to bear arms, he saw no reason why a state governor could not apply for firearms for local security arrangements.

He added, “You can go to Abuja today, as a Senior Advocate of Nigeria, and apply to the IG for a licence to bear arms; he will give you. And I have asked the Governors of Lagos State since 1999, ‘Please, if I can ask for a gun to protect my family and myself, why can’t you ask for 10,000 licences for young men and women to protect 20 million people?’ We have to go back to court.”

Source: https://punchng.com/amotekun-not-unconstitutional-falana-tackles-malami/amp/

Amotekun is now the burning issue.

Northerners are against it because they are afraid of restructuring.

When will they grow up and accept the reality on ground.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by ridwan006(m): 1:29pm On Jan 16, 2020
Hotfreez:


Sharia police, Hisbah and Civilian JTF in the North are trash.

Whether you like it or not, you must obey Amotekun if you step into Yoruba land. If you don't want it, go and die.

All these you mention they aren't regional forces but srate religious... All Muslim dominated states have theirs, moreover freedom of conscience, thoughts and religion is clearly stated in the constitution
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by emmanuelpopson(m): 1:31pm On Jan 16, 2020
people going against amotekun re the perpetrators of the crimes around here.. they have interest in the failing we have been experiencing all this while.
my problem is that the unity of the Southern regions ( West, East and south) will tell Fulani led govt that the people here e aren't cowards.
they will fight for there lands, people, heritage too.. they shd let everyone defend his territory and see whether each won't be safe from intruders.. those days of timidity and fears of the consequences of executive disobedience are over..we shd arise, unite and say enough is enough..
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Boscolo: 1:32pm On Jan 16, 2020
Blue3k2:
I dont think his argument holds water. The supreme court could rule all these state security agencies are illegal. The sec 214 (1) of the constitution says no other police force can be established. The question is what defines a police force. I think item 68 of exclusive list would give the FG the win in court.

It's not like federal government enforces all the laws it has under its exclusive list like the minimum wage. When states pay dont pay workers the minimum wage who goes to jail or gets fined?

These constitution should just be amended. It seem a majority of states want decentralized policing. It's just as dumb to centralize prisons and fire arms in hands of federal government.

Constitution exclusive list:

2. Arms, ammunition and explosives. 
45. Police and other government security services established by law. 
48. Prisons
68. Any matter incidental or supplementary to any matter mentioned elsewhere in this list.

Section 214. (1) There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.

I think most people are getting this Amotekun wrong. "Mr brilliancy", can you tell me what is the difference between Hisba in Kano and Amotekun in the south west. Amotekun is not a police force, Amotekun is like a Vigilante. Now, is Vigilante a recognize group ?
Why, didn't the FG stop Ganduje from establishing the Hisba group? I think Malami is the most clueless AGF ever to come out from Nigeria.
Also, is it written in the constitution that you can defend yourself if your <b>life</b> is at risk. The only way is for the FG to scrapped every vigilante group in all the federation and only the police service and armed forces ll be the only recognized body in the country.

One issue with Nigerians is that everybody tend to know everything e.g A lawyer want to talk in the field of engineering, the same lawyer want to talk in the field of medicine, the same lawyer want to talk in the filed of forensic and accounting, hence complicating issue.
The day I gave up on Nigeria , was when some Nigerians came out to support Afunaya(DSS Spoke man) for saying that an accused will be knocked down if released, and many Nigerians said yes, even after the court has given the order to release the accused

1 Like

Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Sagay212: 1:36pm On Jan 16, 2020
I nor know why people like to make noise. Normally Nigerians generally shouldn't be making so much noise about certain things if we didn't choose to abandone our culture and tradition to be forming religious over sabi up and down.

Go to most places in the south west, east and south south, you hear how people die mysteriously for trespassing on other peoples land. No guns or machete involved. Just small juju wey no go cost you money. Spread am for the land. Anybody trespass with evil intentions, they die like fowl. That is what the farmers should be doing. Use juju to destroy any herdsmen that destroy your crops. Their cows will die mysteriously without you even moving close to them. The herdsmen will be the ones wondering what went wrong. By the time thunder continues to strike their cows dead, they will go back to their land. At least the police supporting them cannot arrest thunder... I expected communities being disturbed by herdsmen to have involved OPC a long time without making any noise. Our people go dey from prayer warrior. Make una no forget say God sent his different messengers to different people. Na people of Isreal God send Jesus to ooo. Make una use una headquarters.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Hotfreez: 1:39pm On Jan 16, 2020
ridwan006:
All these you mention they aren't regional forces but srate religious... All Muslim dominated states have theirs, moreover freedom of conscience, thoughts and religion is clearly stated in the constitution

If freedom of conscience, thought and religion is in the Constitution, why did the Sharia Police arrest a non Muslim policeman the other day?

The number 1 right in the Constitution is right to Life and we don't need an unintelligent lawyer like Malami to understand that. We have a right to protect our lives from attacks by fulanis and Amotekun is our right.

Go and tell the Fulani criminals coming to the SW that if they come here to commit crimes, they would be taught a bitter lesson.

1 Like

Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Hotfreez: 1:41pm On Jan 16, 2020
Sagay212:
I nor know why people like to make noise. Normally Nigerians generally shouldn't be making so much noise about certain things if we didn't choose to abandone our culture and tradition to be forming religious over sabi up and down.

Go to most places in the south west, east and south south, you hear how people die mysteriously for trespassing on other peoples land. No guns or machete involved. Just small juju wey no go cost you money. Spread am for the land. Anybody trespass with evil intentions, they die like fowl. That is what the farmers should be doing. Use juju to destroy any herdsmen that destroy your crops. Their cows will die mysteriously without you even moving close to them. The herdsmen will be the ones wondering what went wrong. By the time thunder continues to strike their cows dead, they will go back to their land. At least the police supporting them cannot arrest thunder... I expected communities being disturbed by herdsmen to have involved OPC a long time without making any noise. Our people go dey from prayer warrior. Make una no forget say God sent his different messengers to different people. Na people of Isreal God send Jesus to ooo. Make una use una headquarters.

grin cheesy grin

You don get am.
By the time thunder kill like 50 of them, they no go enter again.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by WelcomeToBiafra: 1:43pm On Jan 16, 2020
Biafran supreme leader told you, we will destroy this zoo called nigeria with the truth. He also forewarned the whole world that Fulani terrorist are coming to take over nigeria and Yorubaland and other part of the zoo.


Only BIAFRA IPOB can you save you all

2 Likes

Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Sermwell(m): 1:45pm On Jan 16, 2020
fairfora:
federal laws are different from state. The outfit isn't for all Nigerians but for the states in the south west. Once the states assembly endorse it, the federal government doesn't have any power over state laws. Get that.
I'm fully in support of Ametokun but are you aware that section 1(3) provides that..."if any other law is inconsistent with the provisions of the constitution, the constitution shall prevail, and that other law shall to the extent of its inconsistency be void"??
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Lloydokeke: 1:46pm On Jan 16, 2020
They made it clear that this was not a form of policing but a vigilante the northern fear is that once Amotekun becomes successful in the south west all other regions will adopt it just like the south east , south south, all this has been planned already but because the south west is the closest to the Buhari government they were urged to take the first step, This issue might be very hard and could cause violence

1 Like

Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Nobody: 1:48pm On Jan 16, 2020
Sermwell:

I'm fully in support of Ametokun but are you aware that section 1(3) provides that..."if any other law is inconsistent with the provisions of the constitution, the constitution shall prevail, and that other law shall to the extent of its inconsistency be void"??
that's if you're trying to create or form another police or army , different from what the law supports. In the case of amotekun, its neither a police outfit nor another form of military but a vigilante created group to work hand in hand with the police...to compliment their efforts. Also, they carry only Dane guns.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Hotfreez: 1:49pm On Jan 16, 2020
Sermwell:

I'm fully in support of Ametokun but are you aware that section 1(3) provides that..."if any other law is inconsistent with the provisions of the constitution, the constitution shall prevail, and that other law shall to the extent of its inconsistency be void"??

This was the same thing those idiots in the FG were saying before Lagos state used them to wipe the floor at the Supreme Court in 3 different matters.

Go and read this portion to the guys operating the Hisbah police, Sharia police and Civilian JTF in the North.

Right to life is not the exclusive preserve of the FG. We have a right to preserve ourselves and defend our lives. So, say something else.

2 Likes

Re: Amotekun Not Unconstitutional, Falana Tackles Malami by ridwan006(m): 1:50pm On Jan 16, 2020
Hotfreez:


If freedom of conscience, thought and religion is in the Constitution, why did the Sharia Police arrest a non Muslim policeman the other day?

The number 1 right in the Constitution is right to Life and we don't need an unintelligent lawyer like Malami to understand that. We have a right to protect our lives from attacks by fulanis and Amotekun is our right.

Go and tell the Fulani criminals coming to the SW that if they come here to commit crimes, they would be taught a bitter lesson.
Let me tell you something you don't know, they are setting up traps that their people would end up inside... If you know, you know
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Hotfreez: 1:52pm On Jan 16, 2020
Lloydokeke:
They made it clear that this was not a form of policing but a vigilante the northern fear is that once Amotekun becomes successful in the south west all other regions will adopt it just like the south east , south south, all this has been planned already but because the south west is the closest to the Buhari government they were urged to take the first step, This issue might be very hard and could cause violence

Remember when the OPC and Agbekoya threatened to deal with fulani herdsmen in Yoruba land, this same IGP came running to Ibadan to come and beg them. That was when Fulanis kidnapped Adewole's son on his farm.

The SW has advised Buhari severally to tackle the issue of herdsmen but he didn't listen. Now that they have taken their destiny into their hands, the Fulanis in the Presidency are now crying.

1 Like

Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Hotfreez: 1:54pm On Jan 16, 2020
ridwan006:
Let me tell you something you don't know, they are setting up traps that their people would end up inside... If you know, you know

The way the traps the Northerners set is destroying the entire North. That's how you guys used Sharia law to breed Boko Haram.

What happens in the SW is none of your business. Go and destroy Boko Haram in your region let us destroy criminal herdsmen in the SW.

1 Like

Re: Amotekun Not Unconstitutional, Falana Tackles Malami by ridwan006(m): 1:57pm On Jan 16, 2020
Hotfreez:


The way the traps the Northerners set is destroying the entire North. That's how you guys used Sharia law to breed Boko Haram.

What happens in the SW is none of your business. Go and destroy Boko Haram in your region let us destroy criminal herdsmen in the SW.
your think from the mercy of your shrinked ass!
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Xisnin(m): 1:59pm On Jan 16, 2020
Blue3k2:
I dont think his argument holds water. The supreme court could rule all these state security agencies are illegal. The sec 214 (1) of the constitution says no other police force can be established. The question is what defines a police force. I think item 68 of exclusive list would give the FG the win in court.

It could but the ruling will have limited impact.
If the problem is that they are state-sponsored, then they can be converted to a private defense force
as many private organizations that provide security services to individuals and government agencies such as NPA.
How about the civilian JTF fighting Boko haram?

There are thousands of smaller groups across the country who provides services that the police can't handle due to
manpower or funding issues.

The court isn't a robot dishing out programmed judgment.
There is no reason why it should interpret the constitution in the way you see it.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Nobody: 2:02pm On Jan 16, 2020
H
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Sermwell(m): 2:04pm On Jan 16, 2020
fairfora:
that's if you're trying to create or form another police or army , different from what the law supports. In the case of amotekun, its neither a police outfit nor another form of military but a vigilante created group to work hand in hand with the police...to compliment their efforts. Also, they carry only Dane guns.
you are actually right and I'm sure this is the loopholes the states will floor the FG in court.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Nobody: 2:08pm On Jan 16, 2020
Blue3k2:
I dont think his argument holds water. The supreme court could rule all these state security agencies are illegal. The sec 214 (1) of the constitution says no other police force can be established. The question is what defines a police force. I think item 68 of exclusive list would give the FG the win in court.

It's not like federal government enforces all the laws it has under its exclusive list like the minimum wage. When states pay dont pay workers the minimum wage who goes to jail or gets fined?

These constitution should just be amended. It seem a majority of states want decentralized policing. It's just as dumb to centralize prisons and fire arms in hands of federal government.

Constitution exclusive list:

2. Arms, ammunition and explosives. 
45. Police and other government security services established by law. 
48. Prisons
68. Any matter incidental or supplementary to any matter mentioned elsewhere in this list.

Section 214. (1) There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.

I did not bother to read your elementary constitutional tutorial for your brothers. When hisbah and other security outfits are operating in the North, they are exempted from the exclusive list of the constitution.

When masses were massacred in Benue, Taraba and Plateau, the Police is in Nigeria. South West people cannot fully entrust the security of her citizens to the police. The constitution has not protected the life of those who died in Benue, Taraba and Plateau. The South West cannot allow herself to be overrun by terrorists.

The plan of the FG cannot work.

3 Likes

Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Hotfreez: 2:11pm On Jan 16, 2020
ridwan006:
your think from the mercy of your shrinked ass!

Your father breeding pigs thinks like a pig.
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by immaculatesense(m): 2:13pm On Jan 16, 2020
ridwan006:
All these you mention they aren't regional forces but srate religious... All Muslim dominated states have theirs, moreover freedom of conscience, thoughts and religion is clearly stated in the constitution
U lack sense...did d constitution declare state religion or state force...north belongs to Islam and south belongs to Christian... Is dat wat the law say?...Ode
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Hotfreez: 2:16pm On Jan 16, 2020
immaculatesense:

U lack sense...did d constitution declare state religion or state force...north belongs to Islam and south belongs to Christian... Is dat wat the law say?...Ode

That boy is a fool. He's one of the many animals roaming the north who come to the South to commit crime.

Amotekun would deal with him.

1 Like

Re: Amotekun Not Unconstitutional, Falana Tackles Malami by immaculatesense(m): 2:27pm On Jan 16, 2020
Hotfreez:


That boy is a fool. He's one of the many animals roaming the north who come to the South to commit crime.

Amotekun would deal with him.
Some pple just talk without using der sense...liv him jare...Amotekun has come to stay...no shaking
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by dahnimoh(m): 2:37pm On Jan 16, 2020
plainol:
The moment Miyetti Allah disagreed, I knew those in government will start running helter skelter to please them.

First stage activated, more to follow.

Buhari who mischievously coined the word 'Farmers/Herders clashes' knew what he was doing. He was only trying to turn it to 2 fighting from invasion and land theft.

We may fall into another civil war. Buhari is doing his best to make sure Herdsmen steal as much land as possible during his tenure. He is only setting them up for massacre. A possible genocide loading.

The genocide might not be outright but systemic. That man has sown a seed of hatred for Herdsmen amongst Nigerians.

*He wants to install them like the British installed the Isrealis on Palestinians.
*




Are you sure the British installed the ISRAELITES?
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by BabaO2: 2:40pm On Jan 16, 2020
Blue3k2:
I dont think his argument holds water. The supreme court could rule all these state security agencies are illegal. The sec 214 (1) of the constitution says no other police force can be established. The question is what defines a police force. I think item 68 of exclusive list would give the FG the win in court.

It's not like federal government enforces all the laws it has under its exclusive list like the minimum wage. When states pay dont pay workers the minimum wage who goes to jail or gets fined?

These constitution should just be amended. It seem a majority of states want decentralized policing. It's just as dumb to centralize prisons and fire arms in hands of federal government.

Constitution exclusive list:

2. Arms, ammunition and explosives. 
45. Police and other government security services established by law. 
48. Prisons
68. Any matter incidental or supplementary to any matter mentioned elsewhere in this list.

Section 214. (1) There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.
How did the constitution accommodate Hisba and JTF is the question here?
Re: Amotekun Not Unconstitutional, Falana Tackles Malami by Deepthoughts: 2:56pm On Jan 16, 2020
Blue3k2:
I dont think his argument holds water. The supreme court could rule all these state security agencies are illegal. The sec 214 (1) of the constitution says no other police force can be established. The question is what defines a police force. I think item 68 of exclusive list would give the FG the win in court.

It's not like federal government enforces all the laws it has under its exclusive list like the minimum wage. When states pay dont pay workers the minimum wage who goes to jail or gets fined?

These constitution should just be amended. It seem a majority of states want decentralized policing. It's just as dumb to centralize prisons and fire arms in hands of federal government.

Constitution exclusive list:

2. Arms, ammunition and explosives. 
45. Police and other government security services established by law. 
48. Prisons
68. Any matter incidental or supplementary to any matter mentioned elsewhere in this list.

Section 214. (1) There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.
Then it's better all such security bodies are cancelled than allowing the federal government of be buhari/Apc to biasly outlaw others n allow others to operate out of sheer sentiments n bigotry.

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