Amotekun: ‘AGF Malami Has No Power Whatsoever To Proscribe Any Organisation’ – Falana

Human rights lawyer and Senior Advocate of Nigeria  (SAN), Femi Falana, has said the Attorney General of the Federation and Minister of Justice, Abubakar Malami, lacks the power to proscribe any organisation in the country. 

Falana said this against the backdrop of AGF Malami’s announcement of the scrapping of Amotekun, a security outfit launched by South West governors to improve security in the region, by the federal government. 

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“The Attorney General of the Federal Government, Malami SAN, has no power whatsoever to proscribe any organisation in Nigeria,” he said. 

Falana made the statement while appearing as a guest on Channels TV’s ‘Politics Today’ on Wednesday.

The senior advocate likened Malami’s action as such taken by dictators in the military era.

A statement issued from the AGF’s office had declared Amotekun as illegal, saying it contravenes provisions of 1999 Constitution. 

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“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,” read a statement issued by Umar Gwandu, the Special Adviser on Media and Public Relations to the AGF and Minister of Justice, Abubakar Malami (SAN).

“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 constituent parts.  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,” part of the statement read. 

But in its reaction earlier, the Southern and Middle Belt Leaders Forum challenged Malami to “explain to us what makes Civilian JTF legal in the North East where there is war and in Zamfara, Katsina, and Kano where there is no war, while Amotekun is illegal.”

The group described the AGF’s directive as an abuse of office meant to “suppress” the South West against protecting its residents from criminals. 

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It added, “We ask the Governors of the South West to ignore Malami and allow him to go to court to challenge their decision as he cannot constitute himself into a court over elected governors. We are not under military rule.”

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