....NO LAW PROHIBITS THE ESTABLISHMENT OF OPERATION AMOTEKUN —

Chief Afe Babalola SAN
Chancellor ABUA
Bamofin Oyo

January 16, 2020

THE Attorney General of the Federation was reported to have declared the regional community security outfit (Amotekun) illegal.

I disagree with the Attorney General. On the contrary, it is absolutely constitutional and legal.

The issue of Amotekun is an issue of Public Safety and Protection of property.

There is no law in Nigeria which prevents citizens from being able to secure their lives and properties.

Indeed without protecting the right to life and property, no other right can be exercised as one has to be alive to enforce other rights as guaranteed in the Constitution.

The Nigeria Police does not enjoy exclusive jurisdiction when it comes to the protection of lives and property.

As a matter of fact, in many parts of Nigeria, various outfits such as Civilian JTF, Hisbah Police, Vigilantes have been performing the duty of protecting lives and properties.

There is nowhere in the Police Act where a citizen is prohibited from being vigilant to protect his life or property either personally or together with other citizens.

Citizens of Nigeria have always enjoyed a right to effect what is known as a citizens arrest where any person is found to have committed an offence before handover to the police for prosecution.

In addition, private citizens also may in certain circumstances prosecute persons who have committed crimes.

Thus in Part V of the Criminal Code Act S.275 which provides as follow: “it is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give him into the custody of a peace officer or police officer…”.

A communal reading of sections S.272/273 Criminal Code will reveal that: a person may arrest a person who has committed an offence and prevent his escape.

Neither the constitution in Sections 214-216 nor the Police Act in Section 10 gives the Police an exclusive duty to secure lives and properties.

All the above support the establishment of the Amotekun which has been established to give an official teeth to the provision of the Criminal Code which allows private citizens to arrest and detain offenders and bandits and to hand them over to the police.

Given the provisions of the Criminal Code in Sections 272-275, the right of citizens to arrest any person for committing an offence is legal and may be exercised individually or communally.

In any event, the regional community security outfit known as Operation Amotekun cannot be set aside by oral pronouncement by the Attorney General or any other body.

Only the Court of Law can declare the establishment illegal.

Ijaya

Wole Soyinka

Fatai Owoseni Retired CP Lagos State

The hisbah people looks very much like Terrorist.

Other regions should also come up with their own regional complementary security plan.Security is not it under this govt.

NO LAW PROHIBITS THE ESTABLISHMENT OF OPERATION AMOTEKUN
Chief Afe Babalola SAN

Dead on arrival. Amotekun is unlawful and illegal, period.

allthingsgood:
Dead on arrival. Amotekun is unlawful and illegal, period.

He who makes peaceful change impossible makes violent change inevitable.... From State Police we are now talking ethnic militias... Don't worry ethnic boko haram is loading... Anyway I have sent my Amotekun application.

allthingsgood:
Dead on arrival. Amotekun is unlawful and illegal, period.

another enemy of progress sighted

Halopy:
another enemy of progress sighted

Shut up

allthingsgood:


Shut up

whats your fear and the fears of the Northern elders?? lets discuss like adults


.

itsme01:



whats your fear and the fears of the Northern elders?? lets discuss like adults

Provided he can put it in writing

This is an indirect form of restructuring the Nation security

Tzben:
This is an indirect form of restructuring.

[color=#006600][/color]

itsme01:



whats your fear and the fears of the Northern elders?? lets discuss like adults

Nobody is fearing anything. Constitution doesn't give powers to any region to form vigilante. Amotekun is unconstitutional and illegal

Besides if not that Nigerians are too stupidly short-sighted with extensive memory loss, haven't we been down this road before How did bakassi, opc vigilante etc end?? By the time the amotekun realise their power and turn on the citizens, it's the same people that will be crying for fg to save them

allthingsgood:


Nobody is fearing anything. Constitution doesn't give powers to any region to form vigilante. Amotekun is unconstitutional and illegal

Besides if not that Nigerians are too stupidly short-sighted with extensive memory loss, haven't we been down this road before How did bakassi, opc vigilante etc end?? By the time the amotekun realise their power and turn on the citizens, it's the same people that will be crying for fg to save them

first Vigilantees are constituitional, all Nigerians have the right to defend themselves, secondly baring arms is allowed if you have lisence collected from state police command duly signed by state governor, and Lastly under our constituition citizens have the right to make an arrest in the absence of a police but have to hand them over to the police for prosecution, upon the agreement of State Department of Public Prosecution ..

Bakassi and OPC are unregistered and unlisenced back then and without government backing Amotekun not only has Government backing, it duly informed IGP and office of the NSA of its activities

about your fear of Amotekun and the citizens, their jurisdiction is mainly in the forest leading to highways linking southwest cities where kidnappers and bandits are based and opreate from, regurlar police would never go into the forest as they a civilian police with jurisdiction only where civilisation is

since FG cant protect us with revered Afenifere's leaders daughter killed and former health Minister son kidnapped we cant wait till SouthWest turns to Boko Haram zone or Kaduna - Abuja express way, we have all right to protect our self

Almost all estate in abuja occupied by big men has lisenced guards so nothhing is stoping south west.. and for your information Amotekun are now fully opreational i am in Ibadan and i can fully confirm that to you, even CP olukolu pledged his support

.

itsme01:


first Vigilantees is constituitional, all Nigerians have the right to defend themselves, secondly baring arms is allowed if you have lisence collected from state police command duly signed by state governor, and Lastly under our constituition citizens have the right to make an arrest in the absence of a police but have to hand them over to the police for prosecution ..

Bakassi and OPC are unregistered and unlisenced back then and without government backing Amotekun not only has Government backing, it duly informed IGP and office of the NSA of its activities

about your fear of Amotekun and the citizens, their jurisdiction is mainly in the forest leading to highways linking southwest cities where kidnappers and bandits are based

since FG cant protect us with revered Afenifere's leaders daughter killed and former health Minister son kidnapped we cant wait till SouthWest turns to Boko Haram zone or Kaduna - Abuja express way, we have all right to protect our self

Almost all estate in abuja occupied by big men has lisenced guards so nothhing is stoping south west.. and for your information Amotekun are now fully opreational i am in Ibadan and i can fully confirm that to you, even CP olukolu pledged his support

.

He won't respond

All the way from las gidi i support this amotekun with a crate of fanta, death to Fulani terrorists


Who ever is against amotekun is against Nigeria

But the killer Herdsmen, Banditry, kidnappings and armed robbery are live on arrival and are constitutional?

allthingsgood:
Dead on arrival. Amotekun is unlawful and illegal, period.

We need STATE POLICE.



Every State should be able to protect itself by securing the lives and properties of it's citizens.

Each Geopolitical zone should have it's own security outfit.

And with time, push for the legalization of State Police.

# Note : Different States already have Semi-Police organizations like Hisbah Police in Kano, Katsina, Nassarawa, LATSMA in Lagos,OYES Traffic Marshall in Osun etc.

Tzben:
This is an indirect form of restructuring the Nation security

oyatz:
Each Geopolitical zone should have it's own security outfit.

And with time, push for the legalization of State Police.

# Note : Different States already have Semi-Police organizations like Hisbah Police in Kano, Katsina, Nassarawa, LATSMA in Lagos,OYES Traffic Marshall in Osun etc.

Yes, that's exactly what I'm trying to point out. Eastern states have their own security outfit too. If the state police stuff is actualized, it will be great.

This fulani people Sef. They have hisbah but when other people create amotekun they said it's illegal. And hisbah police is busy snapping pictures with Nigerian police and they see it as a normal thing.

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