Senior Advocate of
Nigeria Afe Babalola, said attempts by the Federal Government to scuttle the
Western Nigeria Security Network Amotekun, would fail because it is supported
by the constitution.
Babalola, an elder statesman and founder of Afe
Babalola University, said those kicking against Amotekun were ignorant of the
provisions of the 1999 Constitution and the previous ones.
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| Chief Afe Babalola, SAN. |
Babalola faulted Nigeria’s Attorney-General and
Justice Minister, Abubakar Malami, saying sections 24, 40, 45 of the 1999
Constitution impose clear responsibility on citizens to ensure security of
their lives and property.
The SAN, at a news
conference in Ado Ekiti said it was unfortunate that Malami relied on Article
45 second schedule of the Constitution (amended), that gives to the Federal
Government the exclusive power to manage the police.
Babalola defended the Southwest governors, saying
they only responded to the yearnings of the people of the geopolitical zone for
improved security since the central police system had failed to safeguard them
and their property.
He pointed out that kidnapping, armed robbery,
herdsmen/farmers clashes and other security challenges prompted the formation
of Amotekun as a regional response to stem the developments.
The legal giant argued further that the governors
have the right to protect their people because that was the ultimate
responsibility of responsive governments.
“Amotekun is a protective and supportive outfit
established by the governors of the Southwest. It has its roots in the 1999
Constitution and the constitutions before it – 1960 and 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 life and property, etcetera. How many Nigerians
realise that they have a duty to assist and to protect the interest of their
community and themselves.
”And 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 or as state people to ensure
that lives and properties are safe. The Amotekun outfit has its roots in the
Constitution. It is constitutional, it is legal and proper.”
“If this outfit had been established about 10 years
ago, we would not have these issues of kidnapping, killing and other security
challenges. We won’t have those who go to the farms to kill people because they
would be fished out. That is why the Constitution says that such outfit should
report to the police.
”What I have just said is that it is to support the
police and support the government in their duty to ensure that there is peace,
safety of property and lives. It is a good idea. It is belated but it is lawful
and constitutional.
”All that the AGF said is that Article 45 of the
Constitution, second schedule gives to the Federal Government 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 I have 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 my opinion, the act has been done. Amotekun has
been launched, let them go on. What the state governors have done is legal, so
why should they bother? Let them (Federal Government) try to go to court. They
will meet the governors there. All what they would have to do is to show them
sections 24, 40, 45 of the 1999 Constitution.
”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.” (NAN)
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