DETAILS of the operational guideline of the Southwest security outfit, Operation Amotekun, has emerged.
According to the draft bill for the security outfit which is before state legislatures, obtained by The Nation, a governing board with sweeping powers will oversee the security outfit in each of the states.
But the day-to-day activity will be run by the Amotekun corps commander, to be appointed by the governor.
It is a uniform bill that will be passed by each of the six states of Lagos, Oyo, Ogun, Osun, Ondo and Ekiti legislatures.
The Operation Amotekun in each of the states will work as separate entities unlike the planned regional structure.
However, they will collaborate with one another, sharing intelligence and meeting quarterly or as decided, to secure the region.
A section of the bill states that the commander “will hold meeting with the counterpart in other states in the region on a quarterly basis or as may be collectively determined by the corps commander in those states.
The bill adds that the functions of the security agency include collaborating with and assisting the Police and other security network agencies in gathering information about crime and maintaining law and order.
It shall also have powers of arrest and prosecution of persons suspected or involved in kidnapping, terrorism, cattle rustling, cultism, highway robbery and other criminal activities.
Its day and night patrol will cover all major roads, remote areas, hinterland, forests and inland waterways in the region.
The Amotekun Corps shall have the power to bear licensed arms subject to the approval of the inspector general of Police.
The bill also states that Operation Amotekun shall have power to identify, arrest and register offenders, but such suspects must be “promptly handed over to the nearest police station or post.”
They will also be empowered to disarm unauthorised persons in possession of arms and other dangerous weapons.
Section 19 of the bill stated that all Nigerians with integrity, irrespective of their ethnic group, are eligible to join Amotekun, provided they are without criminal record and are endorsed by local authorities.
The bill also provides for the establishment of an Independent Corps Compliants Board comprised of three members, including a chairman who should be a retired judge or magistrate.
The board shall have power to investigate complaints against the operations of the security outfit.
The funding of the security outfit shall be through subvention from the state governments, gifts and donations from individuals and corporate bodies and any other money or property, which may in any way became payable to or vested in the agency.
The Oyo State Commissioner for Justice, Prof. Oyelowo Oyewo, said yesterday.
“The gist of the bill is that it establishes a security network agency with a board and in Section 3 of it, it specifically allows for the contiguous states within the Southwest to collaborate with each other. So, this bill is to enable the Southwest governors to deliver on their constitutional responsibilities under Section 4 of the 1999 constitutional that imposes the obligation for the protection of lives and property, not only on the federal government but for the state and local government.
“So, we have a situation where these network is established to complement the police and security agencies in the light of the insecurity incidence, not only in the Southwest, but all over Nigeria. It must be noted that the primary obligation for policing in the constitution is vested in the Nigeria Police, but there are also constitutional obligations imposed on the state and government at the local level to ensure security or lives and property and this is what is taking place. It is a complementary Security network outfit.
“The laws allow for collaborations between the sonal and state commanders of each state. For instance, Oyo State Commander can collaborate with the Osun State Commander and of course, that can also extend to all the six Southwest states, if there is a common threat that arises within the zone.
On arms bearing, the Commissioner for Justice said: “There is a provision in the Amotekun law that is in compliance with the extant laws in Nigeria to bear arms and that is the seeking the President’s permit. So, you can’t bear arms without permit.”
Beating Amotekun officers attracts N.25m fine, jail term
by Eniola Akinkuotu, Abiodun Nejo, Bola Bamigbola, Peter Dada, and Wale Oyewale
Assaulting an Amotekun officer will attract a fine of N250,000 or a prison term of one month or both.
However, an Amotekun officer cannot be sued for whatever he does in the course of duty but only what he does in his personal capacity.
This is according to the Ekiti State Security Network Agency Bill 2020 which has been submitted to the Ekiti State House of Assembly.
Other South-West governors have submitted similar bills to their respective houses of assembly.
Section 36 of the bill states, “Any person who wilfully hinders, delays, obstructs or assaults a member of the Ekiti State Amotekun Corps in the course of the exercise of his lawful duties under this law shall be guilty of an offence and liable on conviction to imprisonment for a term of one month or to a fine not exceeding two hundred and fifty thousand naira only (N250,000.00) or to both such fine and imprisonment.”
The bill further states that the security organisation must be headed by a retired law enforcement agent who is not lower than the rank of Major or its equivalent in any other security agency.
Section 14 reads in part, “There shall be appointed by the governor, a corps commander for the agency, who shall be a retired law enforcement officer or military officer not below the rank of a major or its equivalent in other security services.
“The corps commander shall be a person with at least 10 years cognate experience in security matters; (b) be responsible for the day-to-day running of the affairs of the Ekiti State Amotekun Corps and implementation of the decisions of the board; (c) hold meetings with his counterparts in other states, particularly Ogun, Lagos, Ondo, Osun and Oyo states on a quarterly basis or as may be collectively determined by the corps commanders in those dates.”
The bill also provides for the establishment of an Amotekun board which is expected to meet not less than four times a year.
The bill will comprise the Commissioner of Police in the state and representatives of other military representatives.
Section 6 reads in part, “There is established for the agency a governing board (referred to in this law as the board). The board shall comprise: a chairman, who shall be a person of proven integrity with experience in security matters and shall be a retired law enforcement or military officer not below the rank of a Major or its equivalent in the other security services; the commissioner of police in the state or his/her representative; one member representing the different services of the Armed Forces of Nigeria operating in the state; the state commandant of the Nigeria Security and Civil Defence Corps in the state or his/her representative; the Executive Secretary, Ekiti State Security Trust Fund or his/her representative; one representative each of the Community Development Associations drawn from the three senatorial zones the state; the Chairman, Ekiti State Council of Traditional Rulers or his representative; the Ekiti State Amotekun Corps Commander.”
Meanwhile, the Ekiti State Attorney General and Commissioner for Justice, Wale Fapohunda, on Tuesday called for comments from members of the public on the bill for the enabling law for the establishment of Amotekun corps.
Fapohunda said the state Ministry of Justice posted the bill on its website on Monday to enable Ekiti residents and other stakeholders to view it and make comments.
The AG said “Deadline for the submission of comments is Wednesday, 12 February, 2020, at midnight.
The bill, which the AG presented to the state governor, Dr Kayode Fayemi, on Monday, will be discussed at the State Executive Council on Wednesday (today).
The ministry stated that Amotekun Corps would also “ensure that all persons travelling along the highways, major roads, remote areas, are free to participate in their normal social and economic life without hindrance” and as well “assist the police to carry out any other lawful activity for maintaining law and order in the state”.
Osun Assembly expecting bill, says Speaker
However, the Osun State House of Assembly says it has not officially received the bill for Amotekun.
The Speaker, Timothy Owoeye, said this on Tuesday
Speaking through his Press Secretary, Kunle Alabi, Owoeye said the parliament was however expecting the bill “any moment from now.”
But one of our correspondents learnt Osun State Executive Council extensively discussed the bill in its weekly meeting on Monday.
We’re expecting bill from executive –Oyo Assembly
In the same vein, the Oyo State House of Assembly said on Tuesday that the bill on Amotekun was being expected to be transmitted to the House from the executive, adding that the passage of the bill would be prioritised.
The Deputy Speaker, Oyo State House of Assembly, Abiodun Fadeyi, said, “In Oyo State, the transmission of the bill from the executive arm to the state assembly should happen in due course. We still have between now and 12pm on Friday before we can say that the bill fails to arrive as scheduled.”
We’re yet to receive bill – Ondo House
Also, the Ondo State House of Assembly has declared that it was in support of the Operation Amotekun security outfit in the South-West, but it had not received the bill to legalise it from the executive.
The Attorney-General and Commissioner for Justice, Mr Kola Olawoye, had earlier said the report of the bill had been presented to the governor after which it would be sent to the State Executive Council for delibration and approval and thereafter it would be sent to the House of Assembly.
The House Committee Chairman on Information, Mr Gbenga Omole, however, said the House was on recess and had not received any bill from the state governor.
Omole said, “We are currently on recess and we will resume on February 24 ( 2020) but in spite of that we are yet to receive the bill as I am talking to you now (Tuesday).”