The Federal government in its response declared the paramilitary outfit as illegal as it is not backed by any known law in the land.
However, the Attorney General of the Federation made the feeling of the government known in a statement made available to Vanguard on Tuesday.
In the statement signed by the Special Assistant on Media and Public Relations to the Attorney General of the Federation and Minister of Justice, Dr. Umar Gwandu, the government said the issue of defence and security fell under the exclusive list and not with the state.
The statement reads in part;
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 organizations for the purpose of the defence of Nigeria.
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.
Finally, it is important to put on record that the Office of the Attorney General and Minister of Justice was not consulted on the matter.
If it had, proper information and guidance would have been offered to ensure that Nigeria’s defence and corporate entity are preserved at all times.
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