A Senior Advocate of Nigeria (SAN), Chief Afe
Babalola, has counseled the Attorney General of the Federation (AGF) and
Minister of Justice, Abubakar Malami, to go beyond pronouncement and take the
six South-west governors to court over the consummation of the joint security
network called operation Amotekun.
Babalola said it would be tantamount to illegality
for Malami to constitute himself as a lawful court dishing out judgement on
issues of this nature, and would also constitute gross abuse of court process
for the federal government to expect the
South-west governors to file an action
against the Federal Government on operation Amotekun conundrum.
Also a socio-pressure group under the auspices of ‘Ajoro
Ekiti’, has asked Malami to immediately resign as the Minister for Justice and
the AGF, accusing him of acting the script of an undeclared interest which constitutes
a serious threat to national security and the peace of the country.
Babalola, while speaking with journalists in Ado
Ekiti on Sunday on the highly controversial issue, said: the federal government
should be the one to approach the court to seek redress, since it waited until
after the formation of Amotekun before making its position known.
According to him, "In my opinion, the act has
been done; Amotekun had been launched, so let them go on. Anybody who feels
what they have done is wrong can go to court. They will meet the governors
there. What all the governors have to do is to show them the law- sections 24,
40, 45 of the constitution-and that is it.
"What the state governors have done is legal,
so why should they bother? Let the federal government go to court. It is a case
that must fail if they go to court. They have not set up a parallel police
outfit. No, the constitution says it is your duty to protect the interest of
yourself and others and join together in doing so. So simple! The case will be
so easy to win.
"The Amotekun outfit is a protective and
supportive outfit established by the governors of the Southwest zone. It has
its roots in the 1999 Constitution and the previous constitutions before it-1960,
1963.
"Section 24 of the constitution 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.’
Well-being means security of lives and property. How many Nigerians realise
that they have a duty to assist and to protect the interest of the community
and themselves?
"Section 40 goes further 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’.
"When you put these two together, it shows
that all of us have the duty to associate whether as Yoruba people or as state
people to ensure that lives and property are safe. The Amotekun outfit has its
roots in the constitution. It is constitutional and proper."
Babalola added that if the security outfit had been
established about 10 years ago, the issues of killings, kidnappings and other
banditry actions could have been reduced drastically.
"What I have just said is that the outfit is
to support the police, the government agencies in their duty to ensure that
there is peace, there is safety of property and safety of lives. It is a good idea. It is
belated but it is lawful.
"All that the AGF said is that Article 45 of
the constitution, second schedule, gives to the federal governemnt the
exclusive power to manage the police, he did not say that sections 20, 40 and
45 are abrogated. They cannot abrogate it.
"The sections quoted are superior to the
schedule he is talking about and in any event, the governors have not set up a
parallel police outfit, what they have done is to set up a supportive and
protective organ to assist the police, and in their communiqué, they said it
would report to the police.
"The law says you can join together in
association to assist the police. How can the police or any government be angry
about this? In fact, the federal government should really thank the governors
and blame them for coming too late because if this outfit has been on in the
last 10 years, we would not have all these kidnappings and other crimes.”
Ajoro Ekiti,
in a statement made by its Convener, Ariyo-Dare Atoye, said Malami has
left no one in doubt that his controversial national security mantra was
anything but the security of lives and property of Nigerians, and a contrivance
to protect a narrow interest.
“We make bold to say it is dangerous and insidious
for the federation to have as Attorney-General, a man whose actions and
conducts have become a threat to section 14 (b) of the 1999 Constitution of the
Federal Republic of Nigeria, as amended: the security and welfare of the people
shall be the primary purpose of government.
“It is highly disingenuous and very risky to know and
continue to retain as the Chief Law Officer of Nigeria, a man whose popular
mantra of ‘national security is above the court and law,’ was actually
contrived to serve a sinister interest, and not really to protect the lives and
property of Nigerians,” Atoye stated.
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