By Kingsley Isicheli
Nothing can be more frustrating than being in a position of authority without the corresponding ingredients to function. And then, we witnessed a frustrated former governor of Zamfara state resigned his position as the Chief Security Officer of the state.
His decision obviously stemmed from his helplessness in the security challenges in the state. For him, the title was a mere nomenclature as the security architecture in the state is operated from above, making him more of a nominal figure in security decisions, which is so disturbing that the same experience goes to every other governor leading to the establishment and commissioning of the security outfit called AMOTEKUN by the joint governors of the southwestern states.
This well conceived initiative was well applauded by many but besieged by the ignominious attack of the Attorney General of the federation (AG), Abubakar Malami, who declared the outfit illegal by the provision of the constitution.
The Chief Law Officer by that pronouncement has not displayed the enormous responsibilities he shoulders in good faith, if you ask me. For all intents and purposes, the AG occupies a very sensitive position and ought to operate as Satellite Navigator for the government.
In effect, a sound capacity to interpret the law in the spirit of the law becomes a fundamental requirement to be there. The mind of the law must be inherently present with the ability to put the same in motion giving effect to exigencies, as the case maybe.
The AG in his misconception came under Items 17 and 45 of the Second Schedule to the constitution of the Federal Republic of Nigeria to declare AMOTEKUN illegal and deliberately turned his eyes away from other provisions and legal doctrines that can be explored. The expectation is that the law should not be read in isolation for the avoidance of missing its intention(s).
The whole essence of the law, in my view, is primarily to secure lives and properties. And then you will observe that American constitution in its preamble says “we the people of the United States, in order to form a more perfect Union, establish justice, INSURE DOMESTIC, TRANQUILLITY, PROVIDE FOR THE COMMON DEFENCE…”
It can be deduced that the above is the underlying spirit behind Section 14 (2) (b) of 1999constitution of the Federation Republic of Nigeria (amended). It provides: the security and welfare of the people shall be the primary purpose of government. It goes without saying that where there is no security and welfare of the people, there is no government.
It further indicates that if state government is a government recognized by the constitution, the security and welfare of its people should be paramount precipitating the commissioning of AMOTEKUN.
Furthermore, AMOTEKUN can stand on the doctrine of self-help. This is a doctrine of the law for corrective or preventive measures. The invocation of this doctrine has become necessary given the continued lapses in the internal security of our nation.
However, one must emphasize that AMOTEKUN is not a state police and has no parallel or concurrent powers with the federal police. What more? I can conveniently recommend the doctrine of necessity as a foundation for AMOTEKUN.
This is a legal doctrine in the hands of the state as the basis for extra-legal actions. It is ultimately designed to be used by the state actors to restore order.
It follows therefore, that the AG’s declaration was in bad faith and was uncleverly woven to bring us to the point of feeling that some animals are more equal than the others in Nigeria. Which is why one may ask what the civilian JTF, a security outfit in the North, doing and has not been declared illegal.
Well, when the wicked rise, men hide themselves but when they perish the righteous increase. I leave it there!
Bar kingsley Isicheli Wrote from London
