Federal Republic of Nigeria has declared as illegal the new South West security initiative codenamed Amotekun.
In a press release 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
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
“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.
AYO ADEBANJO TO FG: YOU CAN’T DECLARE ‘AMOTEKUN’ ILLEGAL… THERE ARE SIMILAR OUTFITS IN THE NORTH
Ayo Adebanjo, a leader of Afenifere, Yoruba socio-political organisation, said the federal government has no right to declare Amotekun, a south-west security outfit, as illegal.
On Tuesday, Abubakar Malami, attorney-general of the federation, declared Amotekun as illegal, saying security remains the exclusive preserve of the federal government.
But in an interview with TheCable, Adebanjo said the AGF has no right to make such pronouncement.
The elder statesman said the federal government ought to have gone to the court if it had anything against the outfit.
He said similar civilian organisations are operating in the north, wondering why the one in the south is considered illegal.
“He (Malami) has no right to declare the authority of state governments as illegal. If it is illegal, he should take them to court and beg the court to declare it illegal under the constitution of the country. He has no authority to do so at all,” he said.
“Civilian organisations in Kano and other places in the north, they are not illegal, how are they now illegal in the south? For me I am not surprised, any dictatorial tendency from the federal government is welcomed because I have predicted it so they are only confirming all that I have said about Buhari’s dictatorial tendency.
“The judiciary is established to adjudicate between persons and between governments. I have said it before that this is not a government of the people, it is the military government of the north by Buhari. It is a dictatorship per se.”