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• Governors await Buhari’s response, reach out to IGP, DG
DSS
• AGF got clearance from President, says source
• FG may ask governors to scale down security network

FEARS that separatist and ethnic groups might take advantage of
the introduction of the Western Nigeria Security Network codenamed
Operation Amotekun to undermine national security were largely
responsible for the declaration of the initiative as illegal by the
federal government, TheNation reports

Some members of the kitchen cabinet of President Muhammadu
Buhari and security chiefs are also opposed to Operation Amotekun,
because of what a source termed  regional tone given to it by
the SouthWest governors.

Attorney General of the Federal Abubakar  Malami (SAN)
branded the initiative illegal last week soon after it was
launched  in Ibadan.

The Minister claimed it runs contrary to the provisions of the
Nigerian law.

However,The Nation gathered that some key players in the
presidency interpreted the coming  of Operation Amotekun as
part of the ploy to  introduce regional politics through the
backdoor.

The President’s strategists rate  the operation as a
violation of Sections 2, 17 and 45 of the Second Schedule to the
1999 Constitution.

The strategists have joined issues with the governors for not
consulting President Muhammadu Buhari before the launch.

It was learnt that some security chiefs feared  that some
ethnic  and separatist organizations like  the Indigenous
People of Biafra  (IPOB) and the Movement for the
Actualization of the Sovereign State of Biafra (MASSOB)  
might take advantage of Operation Amotekun to threaten national
security.

Besides, the  assumption that Amotekun Militia might bear
arms did not sit well with some forces in the presidency
prompting  Malami to issue the statement on the ‘illegality’
of the initiative.

Malami was said to have got clearance from the presidency before
issuing the statement

On their part,the  South-West governors have reached out to
Police  Inspector-General  Adamu Mohammed and the
Director-General of the Department of State Security Services
(DSS), Mallam Yusuf Magaji Bichi to clarify a few misgivings.

They told the IGP and the DSS DG that Operation Amotekun is not
different from a neighbourhood watch security organization.

Investigation showed  that the governors notified the
President about the launch of Operation Amotekun through the
“appropriate quarters.”

They went ahead with the launch when there were no words from
the President against it or raising security issues.

Despite the misgivings on Operation Amotekun, the governors are
awaiting Buhari’s invitation to present the true picture of
situation to him instead of relying on some false reports.

A reliable source, who spoke in confidence with our
correspondent, said: “The launch of Operation Amotekun caught the
President and his strategists unawares because the President was
not personally briefed by the South-West governors.

“The governors actually routed their plans to the President
through the appropriate quarters of communication  but there
was a gap somewhere. The President’s men are angry because the
whole process was untidy.

“And those who had preliminary talks with the governors on the
launch did not brief the President properly.

“The governors are awaiting an invitation from the President to
present the concept of Operation Amotekun, the scope and modalities
to him.”

Findings by our correspondent revealed five grouses of the
President’s men and security chiefs namely:

  • No provision for regional security arrangement in the 1999
    Constitution or any law
  • Alleged backdoor approach to reintroduce regional autonomy/
    government structure
  • Defence, Police and Security architecture on the Exclusive List
    in sections 2, 17 and 45 of the Second Schedule to the 1999
    Constitution
  • Amotekun Militia may bear arms and become parallel security
    organizations
  • Operational procedures yet to be defined and harmonized with
    the Police and other security agencies before the launch of
    Operation Amotekun

Another source said: “The President’s strategists and security
chiefs were uncomfortable with the regional tone given to the
launch of Operation Amotekun  which may force other regions to
follow suit, especially the backers of IPOB and MASSOB.

“Since 1967, when 12 states were created, the nation’s regional
structure  has been dismantled. Those in government and
security chiefs see politics behind Operation Amotekun than
security concerns.

“The governors are aware that there are 67 items on the
Exclusive Legislative List and they should have pushed for
constitutional amendment to move Policing to the Concurrent
Legislative List or for the recognition of Neighbourhood Watch.

“There is also no guarantee that Amotekun Militia will not bear
arms. Proliferation of arms by extra-constitutional outfits is
worrisome to security chiefs.

“The security chiefs had expressed reservations on the launch of
Amotekun without Operational Procedures and with Insignia 
which suggested it is a parallel security agency.

“All these factors made the AGF Malami to declare Operation
Amotekun illegal.”

One of the South-West governors, who briefed our correspondent
in confidence, said: “There are many misrepresentations about
Operation Amotekun which is purely a neighbourhood watch to
complement the Nigeria Police and other security agencies. Amotekun
was a response to the yearnings of our people, it is purely an
intelligence outfit or back up for the police and other
agencies.

“We have sent one of us to the IGP and the DG of DSS where it
was clarified that  Amotekun Militia will not bear arms. They
have police and DSS operatives guarding us, they can ask them to
spy on us (which they have been doing)  on whether or not we
are providing arms for Amotekun Militia.

“No one is importing arms; no one is arming militia and Amotekun
is not designed to undermine the Police and other agencies. It is
not a return to regionalism in any manner whatsoever.

Responding to a question, the source added: “We actually
followed the normal communication channel in relating with the
Presidency before we launched Operation Amotekun. We could not have
slighted the President.

“Before the launch, we had audience with the Police and some
security agencies. We were expecting the IGP at the launch until we
did not see him at the last minutes.

“We see all the noise against Operation Amotekun as a storm in a
tea cup. We hope to meet the President soon and clarify the grey
areas.”

Culled from TheNation

Practical Considerations to Negotiate an Enforceable
Joint Operating Agreement in Civil Law Jurisdictions (Netherlands:
Kluwer Law International, 2020)
By Professor
Damilola S. Olawuyi, LL. B (1st Class), BL
(1st Class), LL.M (Calgary), LL.M (Harvard), DPhil
(Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola
University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com.[1] &
Professor Eduardo G. Pereira, LL. B (Brazil),
LL.M (Aberdeen), PhD (Aberdeen),www.eduardogpereira.com[2]
 
 

Book information For more information or to order your
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+234 81 40000 988

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References

  1. ^
    www.damilolaolawuyi.com.
    (www.damilolaolawuyi.com)
  2. ^
    www.eduardogpereira.com
    (www.eduardogpereira.com)
  3. ^
    [email protected]
    (nairalaw.com)
  4. ^
    [email protected]
    (nairalaw.com)
  5. ^
    [email protected]
    (nairalaw.com)
  6. ^
     @Nigerialawyers
    (twitter.com)
  7. ^
    facebook.com/thenigerialawyer
    (www.facebook.com)
  8. ^
    [email protected]
    (nairalaw.com)

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