By Soni Daniel

The Federal Government, Tuesday, adduced reasons, why the new paramilitary outfit ‘Amotekun’ bankrolled by the governors of the South-West to reduce security challenges in the region, could not be validly allowed to operate, describing it as illegal and a nullity.

The government in a position made public by the Attorney General of the Federation and Minister of Justice, Abubakar Malami, also accused the South-West governors of not consulting it before launching the security outfit, thereby bringing avoidable trouble upon their Malami in a statement made available to Vanguard by his Special Assistant on Media and Public Relations, Dr. Umar Gwandu, explained that the issue of defence of the country is expressly vested on the federal government through the Exclusive List and that no other tier of government has been saddled with any power to act in that area.

Malami said: “The Federal Republic of Nigeria 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 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).
“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,” the minister said.


It will be recalled that ‘Operation Amotekun’ had taken off on a fragile note last Friday with three of the six governors of the South-West not in attendance, apparently due to political pressures.

Although each of them advanced reasons to justify their absence, the emerging opposition by the federal government to the outfit appears to vindicate their fears.

Z

Is there nothing in the constitution that refers to the right to secure one's life and property? I don't think this is about territorial matters.

If he had told the IGP to do his job properly we surely won't be having this conversation. If he had prosecuted the people directing cows with A45.

What about hisbah police in most of the northern states, are they not govern by the laws of Nigeria also? This man should stop saying rubbish!

valentineuwakwe:
What about hisbah police in most of the northern states, are they not govern by the laws of Nigeria also? This man should stop saying rubbish!

Hisbah are not police. The press often add the police to it. They are more or less a local licensed vigilante group. They are answerable to the police.

And I believe that Amotekun should also work hand in hand with the police.


https://www.pulse.ng/news/local/police-will-arrest-amotekun-members-and-heres-why/lm8hmnn.amp

Its time to amend the constitution. That's will settle the issue since ststes seem to want decentralized policing.

Amend these sections of the constitution.

Constitution exclusive list:

2. Arms, ammunition and explosives. 
45. Police and other government security services established by law. 
48. Prisons

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.

Front page: Lalasticlala mynd44

FriendNG:


Hisbah are not police. The press often add the police to it. They are more or less an Islamic JTF. They are answerable to the police.

And I believe that Amotekun should also work hand in hand with the police.

Amotekun is also the same thing. They only have the power to arrest and not to prosecute.

They will arrest and hand over criminals to the police. They can be a source of intelligence to the police also when they can’t engage criminals with powerful weapon.

I don’t see why the North seems to be jittery about this. Either way, Amotekun is here to stay and I don’t think the FG have much choice in this except they want to heat up the polity.

Blue3k:
Its time to amend the constitution. That's will settle the issue since ststes seem to want decentralized policing.

But will they build their own prison service or they will be paying the federal government to use some of it facilities such as Prisons?

The question is how should the Constitution be amended.

FriendNG:


But will they build their own prison service or they will be paying the federal government to use some of it facilities such as Prisons?

They have to amend constitution to all them to build their own prisons aswell. There's no reason prisons need to be on exclusive list. Any tier of government should be allowed to set up police force and prisons. You can just delete these items from the constitution and let federal law regulate it.

LegendHero:


Amotekun is also the same thing. They only have the power to arrest and not to prosecute.

They will arrest and hand over criminals to the police. They can be a source of intelligence to the police also when they can’t engage criminals with powerful weapon.

I don’t see why the North seems to be jittery about this. Either way, Amotekun is here to stay and I don’t think the FG have much choice in this except they want to heat up the polity.

Who is this imaginary north you're talking about. Majority don't even care about what's going on in the southwest. I see no how some individuals will speak or group and you tag it North. Who are the representative of the North? The answer here is Governors. The last time I checked they call it a welcome development, and are ready to replicate same in the northwest region.

FriendNG:


But will they build their own prison service or they will be paying the federal government to use some of it facilities such as Prisons?

The question is how should the Constitution be amended.

How's it done in hisbah?

FriendNG:


Who is this imaginary north you're talking about. Majority don't even care about what's going on in the southwest. I see no how some individuals will speak or group and you tag it North. Who are the representative of the North? The answer here is Governors. The last time I checked they call it a welcome development, and are ready to replicate same in the northwest region.

Bro let’s be real, some northerners are jittery about this and I don’t know their fears. I watch the Miyetti Allah SW chairman speak on channels TV about the fact that they are not consulted or drafted into the meeting before forming Amotekun.

Are the Yorubas living in Kano consulted before forming Hisbah? Are the southerners in Borno consulted before forming the civilian JTF? Why do we need to consult the Miyetti Allah especially those that have wreak some havoc on our farms and killed our people?

By also feeling the social media pulse, a lot of Northerners are speaking against this Amotekun and I can’t but wonder what their main problem is.

IBB came out to speak against it, Malami came out to speak against it, I’m pretty sure that soon the northern leaders will start coming to speak against it too.

But they should know the SW is the balance and if they push their luck too much it might be detrimental to this nation.

eagleu:


How's it done in hisbah?

Hisbah are not police. So what are you asking? What Hisbah does is arrest, advise and release first time offenders (light crime), then handover repeated offenders and those with criminal offenses to police.

IBB , like most of his fellow northerner old soldiers see not just Igbos. but the whole south as their conquered territory.
What's good for Kano can never be good for say Oyo.

Amotekun will only stand if all the South West governors and 'elders' are on the same page! United they'll stand, divided they'll fall. For whatever reason, only Akeredolu and Makinde seem to be on this matter. The rest have probably bowed to 'internal' and 'external' pressure. A pity

LegendHero:


Bro let’s be real, some northerners are jittery about this and I don’t know their fears. I watch the Miyetti Allah SW chairman speak on channels TV about the fact that they are not consulted or drafted into the meeting before forming Amotekun.

Are the Yorubas living in Kano consulted before forming Hisbah? Are the southerners in Borno consulted before forming the civilian JTF? Why do we need to consult the Miyetti Allah especially those that have wreak some havoc on our farms and killed our people?

By also feeling the social media pulse, a lot of Northerners are speaking against this Amotekun and I can’t but wonder what their main problem is.

IBB came out to speak against it, Malami came out to speak against it, I’m pretty sure that soon the northern leaders will start coming to speak against it too.

But they should know the SW is the balance and if they push their luck too much it might be detrimental to this nation.

Like I said some cannot be the majority and cannot be speaking for the entire region. The only northerner that speak from the position of authority is Malami and he is speaking as AG not as a northerner.

Miyatti Allah may be worried about there cows being attacked (fear of unknown). I don't know their reasons but I am just saying.

For IBB he is not against it. He is rather advising on how to go about it especially on funding.

Until northern governors or state house of assemblies speak against it I rest my case. They are those concern with it & not social media commentators or group.

backnbeta:
Amotekun will only stand if all the South West governors are on the same page! United they'll stand, divided they'll fall. For whatever reason, only Akeredolu and Makinde seem to be on this matter. The rest have probably chickened out...a pity

You are not right. They are all united and working together. In this kind of situations, you have to be diplomatic and tread slowly so as not to be cornered by the FG with the law.

The SW are all on the same page and it’s not a must they all start shouting before their impact can be felt. They were able to execute and launch Amotekun within a short time without any noise.

Always remember, empty vessels are the ones that always make the loudest noise!

“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.

Lol they're threating them. I guess the police are ready to cage the cats. This might get interesting soon especially since Amotekun is unarmed.

FriendNG:



Like I said some cannot be the majority and cannot be speaking for the entire region. The only northerner that speak from the position of authority is Malami and he is speaking as AG not as a northerner.

Miyatti Allah may be worried about there cows being attacked (fear of unknown). I don't know their reasons but I am just saying.

For IBB he is not against it. He is rather advising on how to go about it especially on funding.

Until northern governors or state house of assemblies speak against it I rest my case. They are those concern with it not social media commentators or group.

Alright I understood your opinion.

Blue3k:


Lol they're threating them. I guess the police are ready to cage the cats. This might get interesting soon especially since Amotekun is unarmed.

I don't think so. As far as they operate within the law nothing will happen. The police will be happy to work with them except in the case they begin to act above the law.

The police enjoyed working with Hisbah. Infact even Christians go to Hisbah for dispute reconcilation.

There will only be problem if they (Amotekun) develop wings.

Yahksbiz:
By Soni Daniel

The Federal Government, Tuesday, adduced reasons, why the new paramilitary outfit ‘Amotekun’ bankrolled by the governors of the South-West to reduce security challenges in the region, could not be validly allowed to operate, describing it as illegal and a nullity.

The government in a position made public by the Attorney General of the Federation and Minister of Justice, Abubakar Malami, also accused the South-West governors of not consulting it before launching the security outfit, thereby bringing avoidable trouble upon their Malami in a statement made available to Vanguard by his Special Assistant on Media and Public Relations, Dr. Umar Gwandu, explained that the issue of defence of the country is expressly vested on the federal government through the Exclusive List and that no other tier of government has been saddled with any power to act in that area.

Malami said: “The Federal Republic of Nigeria 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 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).
“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,” the minister said.


It will be recalled that ‘Operation Amotekun’ had taken off on a fragile note last Friday with three of the six governors of the South-West not in attendance, apparently due to political pressures.

Although each of them advanced reasons to justify their absence, the emerging opposition by the federal government to the outfit appears to vindicate their fears.

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.

So the federal competence does not reach north or the not is not governed with the Nigeria constitution that made hisbah legal while Amotekun illegal?

It’s quite disheartening how men could bastardize his own integrity, profession and common sense because of another human like him maybe in the quest of finding favor or whatever it may be.

But i notice that the yoruba muslims,who at heart are northerners,dont even support it.
I urge yoruba christians who are southerners to be stead fast and hold their ground.
The yoruba ogun worshipers,who are westerners,should also support the chiken amotekun.

FriendNG:


I don't think so. As far as they operate within the law nothing will happen. The police will be happy to work with them except in the case they begin to act above the law.

The police enjoyed working with Hisbah. Infact even Christians go to Hisbah for dispute reconcilation.

There will only be problem if they (Amotekun) develop wings.

You get time, I don't understand how people blame their predicament on the "North" the same North that has so many ethnic and 2 major religion. All this noise can be remedied by approaching the courts but instead of doing this they have began once again blaming the North rather than face reality. They have representatives in NASS but still blame the North for laws they expect to be enacted without ever being presented for discussion by their representatives.

They seem comfortable blaming the North for their do nothing leaders than holding their leaders to account.

LegendHero:


Bro let’s be real, some northerners are jittery about this and I don’t know their fears. I watch the Miyetti Allah SW chairman speak on channels TV about the fact that they are not consulted or drafted into the meeting before forming Amotekun.

Are the Yorubas living in Kano consulted before forming Hisbah? Are the southerners in Borno consulted before forming the civilian JTF? Why do we need to consult the Miyetti Allah especially those that have wreak some havoc on our farms and killed our people?

By also feeling the social media pulse, a lot of Northerners are speaking against this Amotekun and I can’t but wonder what their main problem is.

IBB came out to speak against it, Malami came out to speak against it, I’m pretty sure that soon the northern leaders will start coming to speak against it too.

But they should know the SW is the balance and if they push their luck too much it might be detrimental to this nation.

amotekun has come to stay the northern terrorist killers n thier evil days are numbered

Stalwert:


You get time, I don't understand how people blame their predicament on the "North" the same North that has so many ethnic and 2 major religion. All this noise can be remedied by approaching the courts but instead of doing this they have began once again blaming the North rather than face reality. They have representatives in NASS but still blame the North for laws they expect to be enacted without ever being presented for discussion by their representatives.

They seem comfortable blaming the North for their do nothing leaders than holding their leaders to account.

nobody is blaming the in as much as the north had ruled Nigeria far more than any region dominated more depending on oil n development from other region still poverty retrogression underdevelopment alimajiris rules in d same north u have Sharia law n hisban JTF etc did any section of the country masturbate like d northern youth n fulani terrorist who have clearly shown it's wicked senseless killings plans.let me ask u are u a fulani man or hausa?

Is having Sharia constitution in the north not illegal enough, for it to begot its Hisbah police in a so called country with its standing constitution. Indeed only animals are kept in a zoo.

Otsam:

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.

So the federal competence does not reach north or the not is not governed with the Nigeria constitution that made hisbah legal while Amotekun illegal?

It’s quite disheartening how men could bastardize his own integrity, profession and common sense because of another human like him maybe in the quest of finding favor or whatever it may be.

Is sad.

I used to wonder if it had been police or some government agencies they recruited people in it would had ease the unemployment in the country. But all this is done to favour their people.

From Lagos to the north now the west.

It all favoritism, a kind of way to help boast employment in their constitute.

is not totally bad o. But this can denial others the right to be employ. If some part of government responsibilities have been stolen where do you expect the Federal government to made a huge impact on creating jobs.

This is incriminating on others, let Federal government abolish all second class forces and give employment to the people or let them restructure the Constitution.

FriendNG:


Hisbah are not police. The press often add the police to it. They are more or less a local licensed vigilante group. They are answerable to the police.

And I believe that Amotekun should also work hand in hand with the police.


https://www.pulse.ng/news/local/police-will-arrest-amotekun-members-and-heres-why/lm8hmnn.amp

Who make them answerable to the police.
People that used to arresting police.


You mandate has been stolen and you seat own their typing nonsense.

Those people can't compete for Federal jobs that was the reason all this paramilitary organization are created to cheat other people that are qualify for Federal job.
You better wake up.

backnbeta:
Amotekun will only stand if all the South West governors and 'elders' are on the same page! United they'll stand, divided they'll fall. For whatever reason, only Akeredolu and Makinde seem to be on this matter. The rest have probably bowed to 'internal' and 'external' pressure. A pity

ondo and oyo have always been political headquarters of yoruba.

Yahksbiz:



Is sad.

I used to wonder if it had been police or some government agencies they recruited people in it would had ease the unemployment in the country. But all this is done to favour their people.

From Lagos to the north now the west.

It all favoritism, a kind of way to help boast employment in their constitute.

is not totally bad o. But this can denial others the right to be employ. If some part of government responsibilities have been stolen where do you expect the Federal government to made a huge impact on creating jobs.

This is incriminating on others, let Federal government abolish all second class forces and give employment to the people or let them restructure the Constitution.

You are right and I like your opinion but what if in the situation where it has always been the north opposing restructuring, yet they are using double standards. Why is a particular region having a field day in regional decision making and other regions that tries it would be seen as rebels? You are right that the federal government should be the one to handle security and thereby provide more employment but what of the case that a particular region gets the highest quota in recruitment?and the federal that’s supposed to monitor the security of the masses is displaying their lackadaisical attitude when bandits/terrorists invaded their subjects region. Necessity they say is the mother of invention. Since they felt hisbah is what the north needs and they didn’t proscribe it,then they shouldn’t rush to proscribe what other region deem necessary for them as well.