Chief Afe Babalola SAN
THE Attorney General of the Federation was reported to have declared the regional community security outfit (Amotekun) illegal.
I disagree with the Attorney General. On the contrary, it is absolutely constitutional and legal. The issue of Amotekun is an issue of Public Safety and Protection of property. There is no law in Nigeria which prevents citizens from being able to secure their lives and properties. Indeed without protecting the right to life and property, no other right can be exercised as one has to be alive to enforce other rights as guaranteed in the Constitution.
The Nigeria Police does not enjoy exclusive jurisdiction when it comes to the protection of lives and property. As a matter of fact, in many parts of Nigeria, various outfits such as Civilian JTF, Hisbah Police, Vigilantes have been performing the duty of protecting lives and properties. There is nowhere in the Police Act where a citizen is prohibited from being vigilant to protect his life or property either personally or together with other citizens.
Citizens of Nigeria have always enjoyed a right to effect what is known as a citizens arrest where any person is found to have committed an offence before handover to the police for prosecution. In addition, private citizens also may in certain circumstances prosecute persons who have committed crimes.
Thus in Part V of the Criminal Code Act S.275 which provides as follow: “it is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give him into the custody of a peace officer or police officer…”.
A communal reading of sections S.272/273 Criminal Code will reveal that: a person may arrest a person who has committed an offence and prevent his escape. Neither the constitution in Sections 214-216 nor the Police Act in Section 10 gives the Police an exclusive duty to secure lives and properties.
All the above support the establishment of the Amotekun which has been established to give an official teeth to the provision of the Criminal Code which allows private citizens to arrest and detain offenders and bandits and to hand them over to the police.
Given the provisions of the Criminal Code in Sections 272-275, the right of citizens to arrest any person for committing an offence is legal and may be exercised individually or communally. In any event, the regional community security outfit known as Operation Amotekun cannot be set aside by oral pronouncement by the Attorney General or any other body.
Only the Court of Law can declare the establishment illegal.
Operation Amotekun Golden Rules
“Lion Can Kill – Leopard Kills!!!
Therefore, Before Warned:
AMOTEKUN GOLDEN RULES:-
Don’t kidnap a single Yoruba..
Don’t kill a single Yoruba…
Dont kill non-Yoruba on Yoruba soil.
Dont kidnap non-Yoruba on Yoruba soil.
Don’t destroy the farmlands of Yoruba.
Don’t open graze on Yoruba land, get a place to rear your cattle or herd..
No RUGA in Yoruba Land…
No water ways in Yoruba land will be taken over by FG.
Don’t say Yoruba or Lagos is no man’s Land…..
Do your business lawfully on Yoruba soil…
Henceforth, every single life of Yoruba person will be accounted for…. Osun, Ogun, EKiti, Lagos, Oyo, Ondo; and all 12 Local governments Yoruba speaking area of:- Kwara State, Ako Edo, Yoruba in Kogi, are all Yoruba Lands.
Stay clear and don’t violate the above conditions then; “Amotekun” could and will be Friendly. If not “Amotekun”, you know what an angry Leopard can do!?
We Love you, but not More-than we love Ourselves.
Be Warned! [Eso Ra!]
Please why on earth wont the Attorney General of the Federation (Nig.) declared the regional community security outfit (Amotekun) illegal? Where on earth are his/her children, wife, brothers, sisters, uncles, daddy’s and mummy? Where do they school, where do they leave? Have they received any threat to their existence lately or before? How many security personal is attached to him and family? Cause is like he’s not feeling the pause and happenings in the society (street), he now think, feels everything is cool, sir, everything ain’t cool at all, he hasn’t test the depth of the sea yet, he hasn’t stepped in the boiling point of the street yet, so why on earth want he be speaking in an unknown tongues? Or maybe we should take the different hot and boiling vibes of the streets to where he’s leaving to feel the atmospheric condition and test his football strength maybe he ain’t gonna have dysfunction within few seconds, maybe or maybe not he’s gonna have slit ideas of what we are passing through on daily basis on quest for survival and when it looks or feel you ain’t fit enough, such individuals be trampled upon like salt that losses her taste, then you start feeling sorry for being a human, like you’re a mistake on earth just because some elements refuses to do their job thoroughly after being paid from our tax payers money. Heartbreaking, dehumanising, pathetic, such a funny country govern by best clown ever leaveth on the surface of the earth, set awon was my own? Set awon if e won scatter make e scatter gang as far as e no affect me and family (iRANU).
When the father of the house have been castrated to protect his household, so we should surrender ourselves like Abraham’s child that surrendered him selves as sacrificial lamb that’s never going to be for the better or greater good of anyone in the community than just growing worst on daily basis, best bet is to go for self help (legally).
There is no law in Nigeria that prevents citizens from being able to secure their lives and properties, the issue of Amotekun is an issue of failed security apparatus or overwhelmed, shortage security personal who has failed or don’t want to admit they need help, it is all about public safety and protection of life and properties. If lives is not save or can’t be protected, what else can be protected or save? If no where is save then where in Nigeria is save?
“Given the provisions of the Criminal Code in Sections 272-275, the right of citizens to arrest any person for committing an offence is legal and may be exercised individually or communally.” is it that we don’t understand the meaning or we are confused or we just like to be in the news for wrong reasons? How can you say this is “letter B” then at long run go behind to say it looks like “figure 8”, “are we well at all?”. Although where we expect the height level of maturity and wisdom, if we see stupidity or insanity we shouldn’t be that amazed. Is just another case of not nonchalant, lackadaisical attitudes to work simply because they ain’t affected in anyway or any of their wards so why won’t they be showing no concern to security challenges and issues in the community? Let’s just try to understand their operation and reshape where’s necessary, even if we can’t hand over accolades to them let’s try to make constructive criticisms. Well, it’s just another drop of water in the reservoir that can do little or nothing until we all contribute ours. Peace