For couple of days after its launch, Amotekun; a security outfit established by southwest governors of Nigeria, has raised lots of controversies, particularly on its legality or otherwise amidst Nigeria’s unity and security. The controversies it generated reached the peak when the Attorney General of the Federation faulted the setting up of the security body. It was reported that he said ‘the setting up of the paramilitary organisation called Amotekun is illegal and runs contrary to the provisions of the Nigerian law’. He said they did not consult his office before setting up the security outfit. This has begged for many questions, particularly, on whether the Attorney General of the Federation has the constitutional power to be consulted before establishing the security outfit, also whether the Attorney General of the Federation has the constitutional power to proscribe Amotekun.
However, in a mission towards assuaging fears that may arise from divergent views that may spur ethnic imbalance, the Governor of Ondo state, Mr. Rotimi Akerodolu, SAN who is one of the governors that birthed Amotekun reiterated that the security outfit was established to complement the efforts of the conventional internal security agencies. He said, ‘Amotekun when fully operational will serve the purpose of local information and intelligence gathering for processing and usage by the conventional security agencies. Amotekun is therefore, merely supportive and not a replacement for the nation’s security agencies’. In the same vein, Amotekun has received wide spectrum of support from the elders of the Yoruba nation both home and the abroad. Amongst them is the Nobel Laureate, Professor Wole Soyinka who glaringly and happily tagged Amotekun as a ‘new year gift’. Aare Afe Babalola SAN on his own gave a bee line to the legality of Amotekun affirming that ‘Amotekun has its root in the 1999 constitution of the country…’ The learned silk further indicated that the formation of the security outfit is late that it should have been in existence since ten years ago.
On the contrary, northern leaders have decided to play round the gallery by trying to politicize Amotekun as an illegal outfit. While Miyetti Allah has advised that the presidency should arrest Yoruba leaders behind the regional security outfit because they are anti-Fulani in motive, a number of Northern leaders, speaking as if they own Nigeria have decided to go to a discotheque, sit round a table and flip cards; striking deals – warning the west to choose between Amotekun and the presidency in 2023.
Without doubts, insecurity has been one of the major concerns to Nigeria and Nigerians for decades now. Every day, we read from dailies news of Boko haram attacks, armed robbery, kidnapping and what have you. As frustrating and fearful these crimes are, the last straw which could be said to have broken the camel’s back was when Fulani herdsmen who are meant to be peaceful nomads minding their business engage in such acts as kidnapping, rape, stealing and murder, not in the north where they have come from but in the southwest where they brought their herds to feast on the greens. In 2015, these Fulani herdsmen kidnapped and tortured a Yoruba elder statesman, Chief Olu Falae on his farm in Akure. A huge ransom had to be paid for his release. Also in 2019, Funke Olakunrin, daughter of Afenifere leader Pa Fasoranti was allegedly killed in cold blood by some herdsmen while travelling on the Ondo-Ore highway. More than these have been read in news and alleged. Seeming like the Hobbesian state, a man in such a circumstance will definitely live in fear and eventually seek to protect himself and his family as the government has failed to heed their constitutional call. Perhaps, at this stage every home would have been secretly armed, whether with locally made ammunitions or smuggled guns and other crude but lethal weapons; and what do you expect if not bloodshed, disarray and societal imbalance. Apparently, it is on this basis that the Governors of Lagos, Oyo, Ogun, Ekiti, Osun and Ondo have come together under the guild of southwest governors to complementing the efforts of the federal government towards protecting human lives and properties. Of course, they have the peoples’ mandate to govern and they cannot stand arms akimbo and watch events sway in such brutal and tragic ways. Who knows what may happen next?
Obviously, the most vital issue here is whether the south westerners have contravened the law in establishing Amotekun. Another as mentioned earlier would be whether the Attorney General of the Federation has the constitutional power to proscribe Amotekun.
However, it will be important to acknowledge first that the constitution is supreme and its supremacy covers everyone, both the high and the low. Thus, we are all equal in the eyes of the law. This is explicitly provided in section 1(1) of the constitution thus: ‘This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria’.
On the first issue raised above, the provisions of the constitution of the Federal Republic of Nigeria, 1999 as amended is clear. Section 14(2) (b) of the constitution provides that the ‘the security and welfare of the people shall be the primary purpose of government’. It therefore becomes foolhardy of such a government to abandon its constitutional functions, thereby putting the lives of its people at the gallery – death in the hands of fellow men. And quite unfortunately, the government has failed in this constitutional duty and the people of south west Nigeria have decided through its trustees to invoke the provisions of section 40 of the constitution towards protecting their lives and interests. Section 40 of the constitution provides that ‘every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests…’ Section 24 of the Constitution also provides that ‘it shall be the duty of every citizen to make positive and useful contribution to the advancement, progress and well-being of the community where he resides’. The great learned silk, Aare Afe Babalola in interpreting section 24 opined that the word ‘well-being’ as used in that provision refers to the security of lives and property. He further reiterated that it is unfortunate, only an iota of Nigerians realize they have duty to assist and protect their interests and their community at large. Also, section 45 of the constitution provides that the fundamental rights provisions under chapter 4 of the constitution shall be invalidated by any law in force reasonably justifiable in ‘the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom of other persons’
On the second issue raised above, although the power of the Attorney-General of the Federation is a wide one, the Attorney-General of the federation has no power to proscribe Amotekun. Just as it is not for the Attorney-General of the federation to convict a criminal, his is to approach the temple of justice. Femi Falana (SAN) in his words to the Attorney-General of the federation said it is not for him to decide whether an action is legal or otherwise- ‘himself not being a self-constituting court but merely a servant of the law and jurisconsult to the high magistracy of the federation’. He had advised the AGF to go to court. Thus, it is for the court to decide the legality or otherwise of Amotekun. And as a general principle of law, affirmanti non neganti incumbit probatio; it is for he who asserts that must prove, not the one who denies. The onus lies on the Attorney General of the federation to go to court and prove to the court that south west Nigeria’s security outfit is illegal and should as such be proscribed. Of course, the court is the fountain of justice from which all rights emanate; the legal maxim thus, a justitia quasi aquodam fonte Omnia jura emanant.
Ironically, in the north where the Attorney-General of the federation comes from, there are security outfits that have been established to help support the police in fighting and curbing insurgencies. Few amongst them are the Al-Hisbah, the JTF and what have you. These security outfits have enormous supports from constituted authorities, and none has tagged them illegal.
From a socio-political perspective, Amotekun raises eyebrows as some people opine that it should be categorized alongside MASSOB and IPOB in the south east, and perhaps, this alliance may lead to Nigeria’s disintegration. From another angle, some are of the view that it is an avenue for the governors to establish state police through the back door. Yet, some point out that Amotekun is the armed forces branch of the Oodua People’s Congress. Extant laws are clear. Where there are overt acts to substantiate such allegations, of course Amotekun would be proscribed by the court as a terrorist group or as a secessionist body, but till then…For now, Operation Amotekun is not illegal. It is an ingenuous and brilliant idea that should be embraced as it will go a long way in supporting the police force in fighting insurgencies and some other menaces in the south west region of Nigeria.
– Ademola R. Jasanya; a lawyer and corper in Ibadan, Nigeria.
Olalekan Ajimoti – Blogger, Content Writer, and Digital Marketer helping brands and retailers build 8-figure e-commerce since 2016.
As a corporate trainer, brand communications expert, and brand consultant, I help people start, stay and grow in business leveraging digital skills and traditional expertise.
