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/

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.

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.

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.

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.

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.

Lol does anyone else see how dumb this is? You an adult has to ask the IGP permission to own a gun. If you pass a background checks you should be allowed to own a weapon. Anyway do any president approve more personal weapon licenses when herdsmen and bandits were murdering people left and right.

The weapons your even allowed to own in Nigeria as an individual is very limited aswell. You cant even own a pistol or semi automatic weapon without permission from the president.

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.

is a vigilante the same with a police force? what makes amotekun a police force? Anybody can make arrests (Citizens arrest), they can bear dane guns cose they're hunters. the only thing that could have bound them is if the make arrests and prosecute. they make arrest but hand them over to the police..........If a security outfit is illegal, then what hope does companies like Halogen have....the fact remains that Amotekun is not a police force but a vigilante group with right to make citizens arrest, and authority to carry dane guns like vigilantes do,......the fact that state governement is paying them does not make them poilice.
Nimasa has a security company policing the Nigeria waterways, won't that be illegal to since its on nigeria soil.
If this outfit is illegal, then i promise you that a lot of security outfit will be illegal in Nigeria....Even lastma cose they also assist the police in catching traffic offenders, and they've not been endorsed by ONSA.

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.

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.

Tomide007:

is a vigilante the same with a police force? what makes amotekun a police force? Anybody can make arrests (Citizens arrest), they can bear dane guns cose they're hunters. the only thing that could have bound them is if they make arrests and prosecute. they make arrest but hand them over to the police.

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.

Jaqenhghar:

Who said it is a police force?

Refer to item 45 and 68. Other security services are under exclusive list. Again the court could just rule all these agencies illegal.

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.

You're wrong items in exclusive list cant be done by state government. It's the same reasin why a state cant make its own competing currency and declare legal tender within it's borders. This is also why states can sign treaties or go to declare war.

DarkJeddi:
In all these Epistle..

You have not explained to us how the Civilian JTF and Hisbah are allowed to operate and AMOTEKUN declared illegal?

That is what the layman wants to understand?

Im of the opinion they're all illegal and amending the constitution is the ultimate solution. I did explain why they opperate. The FG simply choose not to enforce the laws. I gave the example of minimum wage to show they have a history of doing that.

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.

Well let's wait and see. I quite understand your point though.

Malami must have sense

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.

Encapsulate!

That's nice

I beg make them leave us with all this Amotekun, Amotaja, Amotakiniun wahala....

IF THE USELESS GOVERNMENT AT THE CENTRAL IS UP AND DOING, WOULD THERE BE ANY NEED FOR REGIONAL POLICING IN THE FIRST INSTANCE? EVERYONE MUST FIND A MEANS OF SECURING THEMSELVES FORGET NAIJA POLICE AND AMOTEKUN

ABCDEFGHIJKLMNOPQRSTUVWXYZ

.....

me right now

They declared the Amotekun illegal but have proudly celebrated their Civillian JTF and Hisbah police up north. My people of southern Nigeria, hope una senses don dey come small small?



I’m not Yoruba, but I support this new development.

Check my sig

this matter just dey sweet me for body

Hisbah police, Fulani terrorists, armed bandits, Civilian JTF etc are not illegal but a well formed & coordinated security outfit is illegal.Thunder fire all these supporters of killers.

idonhammer:
Before nko, I will marry her twice sef

You are on the wrong thread sir.

Malami is only acting out Buhari's Fulanisation agenda

Femi Falana has outgrown his relevance.
He should shove his opinion down his ass.

Thank you Falana, school them well


The outfit was never called a police force or parallel force. Their guns are licensed by the police force and the organization itself was well registered with the government.

Ok

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.

Who said it is a police force?

olaolulazio:
Malami must have sense

My comment of the day.

A

A