Constitutional implication of Operation Amotekun

•South West governors: How far can Amotekun go in addressing insecurity?

GOVERNORS of the South West states namely Lagos, Ogun, Oyo, Ondo, Osun and Ekiti, yesterday, launched a security formation to tackle the problem of insecurity within the region.

The Western Nigeria Security Network codenamed Operation Amotekun (Leopard) is expected to complement the efforts of the police in the area of combating kidnapping, armed robbery, as well as herdsmen and farmers contentions.

The decision by the governors of the South-west states to create Operation Amotekun was reached in Ibadan in June 2019, at the regional security summit in Ibadan.

The summit was a reaction to the worsening security situation in the region.

However, some lawyers have expressed divergent opinions on the constitutionality of the matter.

It’s an agitation for restructuring— Adegboruwa

Speaking on the Constitutional implication of South-west regional security initiative, Mr. Ebun-Olu Adegboruwa, SAN, commen-ded the initiative saying it is supported by law.

Adegboruwa said: “The initiative of South West Governors on Operation Amotekun is a welcome development. It is supported by law and in line with the Manifesto of the APC. First, the primary purpose of government as stated in section 14 of the Constitution is the security and welfare of the people. Thus, any step taken in this direction, is commendable.

“Second, by virtue of section 11(2) of the Constitution, government should do its best to secure the peace, order and good governance of the people. This Initiative is in furtherance of the agitation for restructuring and the adoption of state police.”

It’s a dangerous signal to national unity—Akingbolu

Also, a member of the Ekiti State Judicial Service Commission, Mr. Kabir Akingbolu, differed with Adegboruwa saying it is not constitutionally right to set up such a body.

Akingbolu said: “With the type of federation we run, I don’t think it is constitutionally right to set up such a body because it will rival the police, the civil defense and other security outfit of the nation. Although, without prejudice to the rights, duties and obligations of the governors concerned to protect their citizens, I don’t believe it is a solution to the security challenges we face in Nigeria.

“Also, the move becomes more worrisome in view of the security challenges being faced in the country and in the south west. This is because by this move, you are going to give lethal weapons or fire arms to untrained individuals who are majorly illiterates or vagabonds, thereby fuelling the possibilities of breakdown of law and order or state of lawlessness and helplessness, when we are yet to overcome the perpetual dangers of some gun trotting security personnel at whose instance, many Nigerians have gone to early graves through either strayed bullets or vindictive killings.

Speaking further, Akingbolu said: “The operation Amotekun can only wreak havoc than safeguard the people. It is rather a catalyst to insecurity than guaranteeing security. And in all honesty, no governor has the power to field such security outfit under any guise, and a fortiori, the South West governors will only be acting ultra vires of their constitutional limitations, especially when we are not running a regional government. It is a dangerous signal to national unity honestly. Thus it must be handled with care otherwise, we will be sitting on a keg of gun powder.”

Idea not backed by law —Ufeli

On his part, Executive Director, Cadrell Advocacy Centre, Evans Ufeli said the noble intention is not supported by the law.

He said: “The idea of the Operation Amotekun is a good one except that it is reactionary. The creation of this entity at this time in our history is only coming as a result of the near-collapse of the security operations of the conventional police force in Nigeria. This south-west regional police innovative creation is not backed by law but this does not throw out the noble intentions, especially at this time in Nigeria where there are heightened security challenges across the country.

“Section 214 of the 1999 Constitution as amended only made provisions for the Nigerian Police but the said police force seem to have lost largely, its powers and relevance due to several factors ranging from underfunding to over-population, unemploy-ment, illiteracy and widespread moral decadence. The Amotekun idea if stretched purposefully will mean that the South – West is embracing what federalism means in the true sense of the word and this should go beyond security to other crucial areas of our human and cultural development.”