The declaration by the Federal Government of Nigeria that the operation of Amotekun, the security outfit set up by the six states of the Southwest, is illegal and that it must cease, is unlikely to lead to its cessation. On the contrary, demand for similar units will rise across the nation.
Amotekun in the Yoruba language means Leopard, a symbol of a relentless fighter. Now, since the governors of Southwest region inaugurated their security outfit early this month and called it by that name, Amotekun has come to represent the yearning for self-defence by Nigerians, who have been traumatised by rising insecurity.
Governor Seyi Makinde of Oyo State declared recently that Amotekun was established to complement the work of the security agencies and bridge the gaps in the security of the geopolitical zone.
He spoke in response to the order by Nigeria’s Attorney-General and Minister of Justice, Abubakar Malami, who days earlier ordered an end to the operations of the newly established outfit.
Across Nigeria, there is brazen banditry, including daylight violent robbery, kidnapping for ransom and violent clashes between farmers and herders. Homes and whole communities are invaded – in both day and night, with scores killed in some of the attacks.
Malami had declared in a statement that the “setting up of the paramilitary organisation called “Amotekun” is illegal and runs contrary to the provisions of the Nigerian law.” He said Nigeria’s 1999 (as amended) established the Army, Navy and Airforce, including the Police and other numerous paramilitary organisations for the purpose of the defence of Nigeria.
Malami’s order has evoked responses that show the subdued frustrations of Nigerians, many of whom live in trepidation at home and on highways.
Some lawyers last Thursday rose in defence of the South-West security outfit- Amotekun, saying the security unit can’t be stopped unless by the pronouncement of a competent court of law.
The lawyers spoke with BusinessDay, as reactions continue to trail the Malami’s declaration of Amotekun as illegal.
Femi Aborishade, managing partner, Abope Chambers, Ibadan, described the position of Malami as lacking constitutional backing, insisting that governors as chief security officers of their states were constitutional empowered to take measures to protect lives and property of the citizens.
“The Federal Government, and indeed the Attorney General,has no power to declare Amotekun illegal. If they’re contesting the legality of the outfit, they should go to court. Pending that, Amotekun will continue to operate until a court says otherwise,” Aborishade said.
On the funding of the security outfit, the lawyer said he did not foresee any challenge funding its operations given that governors receive huge sums every month as security vote.
“The security vote of the governors ranges between N150 million and N2 billion monthly, therefore, I don’t see any difficulty funding Amotekun. It is the constitutional duty of the governors to protect lives and property within their states. The Southwest governors have taken the right step,” he said.
Similarly, a Lagos-based lawyer and rights advocate, Ebun Adegboruwa, advised the governors to ignore the Attorney General of the Federation.
“The constitution is explicit on what is expected of the government. Section 14 of the constitution says that the welfare and security of the citizens shall be the primary responsibility of the government.
“Section 11 also says that the government shall take measures to protect lives and property of the citizens. That’s what the Southwest governors have done with the launch of Amotekun. So you see that the statement by the Attorney-General is unconstitutional,” Adegboruwa said.
He further posited that once the security outfit had been launched into operation, the only body that could stop it would be a competent court of law, and not the Federal Government.
“It must be stressed that we’re operating a federation constitution. What this means is that the federating states have rights within the constitution to adopt measures that will guarantee the protection of lives and property within their states.
“More so, the regular police have failed. That we now have the military launching “Operations Crocodile Smiles”, “Python Dance” and moving soldiers who are supposed to be in the barracks into villages and towns, is a confirmation that the regular police have failed. That’s why the governors have taken up the gauntlet,” said Adegboruwa.
Despite Malami’s order, demand is rising for such regional outfits, which many Nigerians believe will better serve their interests in the face of a rising wave of insecurity.
The lawyers noted that, rather than the Federal Government trying to stop Operation Amotekun, governors of other regions in the country should emulate the Southwest by coming up with their security outfit to Nigerians living within their states.
Youths in the Southeast agree, and have demanded that governors in the region set up their version of Amotekun.
The youths have urged the governors of the five South-Eastern states to emulate their counterparts in the South-West to establish a regional security outfit that would work with the Nigeria Police and other security agencies to provide security in the region.
Goodluck Ibem, president general, Coalition of South-East Youth Leaders (COSEYL), a socio-political organisation, who made this call in an interview with BusinessDay in Aba, observed that separate security outfits for each state, which is being proposed by the South-East governors, would not achieve the needed security in the region.
He said governors of the South-East should emulate their South-West counterparts to form their own regional security outfit that would be indigenous.
“The South-East Governors should form a security outfit to protect the people of the region. This security outfit is important because they will be working in synergy to ensure that there is security in the South-East region.
“A regional outfit is important because if an armed robber, a kidnapper or terrorist escapes from Abia to Enugu State, what Abia needs to do is to communicate with Enugu, to apprehend the suspect for prosecution.
“We are not saying that this security outfit should work independently, but they would partner with the Police and other security agencies to ensure that there is security in the region.
“The outfit will not detain any suspect; their job will be to arrest and hand over to the police for prosecution,” he said.
He commended Governors of the South-West for establishing Amotekun, noting that it was an indication that they had the interest of their people at heart.
“We commend them for this bold step and we urge Governors of the South-East to emulate their counterparts in the South-West, before it is too late.
“They should form a central security outfit, not separate outfits for each State, as they want to do now. A central body would ensure cohesion and proper coordination,” he observed.
In a bid to improve security of lives and property in the rural areas, Abia State government floated a rural security outfit known as Abia State Community Surveillance Group, (ASCSG).
A total of 7,400 youths, would be engaged and deployed to the 740 autonomous communities in the state to ensure proper security surveillance.
The idea of the rural security outfit was mooted in the wake of the incessant attacks and destructive activities of herdsmen in rural communities in parts of the country.
Already, the government has set up a six-man committee to screen and recruit the youths to be engaged on the programme. Ten able-bodied youths would be selected from each of the 740 autonomous communities in the state.
This is as Enugu State Government established “Forest Guards”, a local security outfit, set up to ‘safeguard its territory and nip in the bud all criminal elements that penetrate its communities and commit all forms of crimes.
In Edo State, worried by the spate of insecurity, especially kidnapping, herdsmen/farmers clashes, cult-related killing and armed robbery, the government in December 2018 set up N2 billion security trust fund codenamed “Operation Wabaizigan,” which in Bini language means abstains from bad things.
The Southern and Middle Belt Leaders Forum (SMBLF) has rejected the Federal Government’s position on Amotekun, arguing that labelling it as illegal was further evidence of a state-backed injustice in the polity.
But speaking in an interview with BusinessDay last Thursday on the issue, Chibuike Ananaba, a senior advocate of Nigeria, said though there had been Supreme Court judgment on Hisbah, the worsening security situation of the country necessitated the need for proactive steps to remedy the situation.
Ananaba urged the Federal Government and the south-western states government to deliberate and resolve the controversy emanating from the setting up of the security outfit, stressing that interest of Nigerians should be paramount.
“Well it is something that has to be subjected to constitution interpretation, but don’t forget that there has been Supreme Court judgment on Hisbah.
“The country should not get into this kind of crisis. The western states are dominated by the ruling party you would have expected them to resolve this issue amicably but they are not.
“Every day you hear news of people been killed, kidnapped you would expect that security agencies would act but they are failing Nigerians.
“Security should be giving priority by the government it is important to the people,” Ananaba said.
Also speaking the national vice-chairman (South-west) of the People’s Democratic Party (PDP), Eddy Olafeso said Nigeria was a federal state and since the law empowers the state Governors to be the chief security officers of their state, they had the constitutional powers to set up the security outfit to check the incessant killing, kidnaping and to protect their people in the region.
“The people need to protect themselves which the federal government had failed to do. Nigeria is a federation and the constitutionally the Governors are the chief security officers of their states; they are supposed to be in charge of security.
“If they are the chief security officer nothing should stop them from finding a way out of the security crisis in the region. People are killed daily and the federal government is not doing anything about it.
Joshua Bassey, Iniobong Iwok (Lagos), Godfrey Ofurum (Aba), Remi Feyisipo (Ibadan)
