Governors of the Southwest states have made good their pledge to check insecurity in their region by setting up an unconventional regional security outfit, Western Nigeria Security Network (WNSN), otherwise known as Operation Amotekun. But stakeholders want the region to resolve issues about Amotekun’s operational guidelines and status under the law, writes ROBERT EGBE.
In 1952, when Olu Falae was 14 years old, he began secondary school at Igbobi College, Yaba, Lagos. Falae would board a bus to Lagos from his home in Akure, capital of the current Ondo State, all by himself. He would also return to Akure by himself, during the holidays. He did this for five years without any mishap.
On September 21, his 77th birthday, Chief Falae, former Secretary to the Government of the Federation and National Chairman of the Social Democratic Party (SDP), was abducted by six herdsmen at his Ilado farm in Akure.
The news sent shockwaves across the Southwest and beyond.
Speaking after he regained freedom a week later following a ransom payment, Chief Falae said: “This is my home where I was born. I have every right to farm here and live in peace here. So, this is totally unacceptable.
“I once told the Commissioner of Police that if he cannot protect us and protect my farm, that I will protect myself. There will be self-help if government fails to protect its citizens.
“It would have been unfortunate if that were to happen. The IG met me and gave me assurances that they will give us protection. I hope that we as a community in Ondo State and in Yoruba land as a whole must go into consultation to ensure that we enhance our protection. We cannot be slaves in our own territory.”
Siege of kidnapping, violence
Falae’s experience was nothing new.
Two years earlier, many in the Southwest considered as controversial a report suggesting that you were more likely to be abducted in the region than anywhere else in the country.
The menace of kidnapping was thought to be more commonplace in the Niger Delta region where wealthy Nigerians, oil workers and expatriates were regularly targeted by kidnapping cartels.
The report was from the 2013 National Crime Victimisation and Safety Survey conducted by CLEEN Foundation with support from the United States-based Macarthur Foundation.
The survey showed that the Southwest recorded the highest incidents of kidnapping with five per cent of respondents from the region, saying they had either been kidnapped or had escaped a kidnap attempt.
In subsequent years, however, a visible spike in kidnappings, banditry put the Southwest on edge. This was partly attributed to or worsened by the movement of people fleeing conflict zones in other parts of the country.
Several inter-state roads were identified as kidnapping flashpoints in the region. They are: the Iwo-Osogbo Road, the Akure-Ilesa Road via Ondo State, Ijebu-Jesa/Esa Oke/Erio/Aramoko Road from Ekiti State and a number of other deserted roads within Osun State including Osogbo-Ibokun-Ada Road.
Also, cases of kidnap were reported in Ikirun, Inisa and Okuku communities along the highway leading to Kwara State.
In early November 2018, five persons including the senatorial candidate for the Ondo North senatorial district on the platform of African Democratic Congress, Jide Ipinsagba, and the party chairman, Bisi Ogungbemi, were kidnapped along Owo-Oba Akoko road amidst a retinue of bribe-collecting police checkpoints.
A woman, Olawumi Adeleye and her stepson, Destiny Paul, were reportedly kidnapped along Airport Road in Osi town in the Akure North Local Government Area of Ondo State on Sunday, June 9, 2019 at about 5.20pm while they were returning from church. Herdsmen reportedly blocked the road with cows, forcing the victims, who were in a Lexus car to stop.
Gunmen suspected to be herdsmen, had last July 12 killed Mrs Funke Olakunri, a daughter of the Afenifere leader, Reuben Fasoranti, on the Ondo-Ore Road.
Last May, a lecturer at the Obafemi Awolowo University, Ile-Ife, Prof Olayinka Adegbehingbe, was abducted at the Ikoyi/Apomu junction of the Ibadan-Ife Expressway in Ikire, a border town between Osun and Oyo states.
Last June 12, Yoruba socio-cultural group, Yoruba Koya Movement, held a national day of protest against the killings and kidnapping across Yoruba-speaking states, including Kogi and Kwara.
The “June 12 Otoge rally” was backed by a Yoruba intelligentsia group, Voice of Reason (VOR), and 26 other socio-cultural and self-determination groups.
It held in all state capitals of Ondo, Oyo, Ekiti, Lagos, Osun, Ogun, Kogi and Kwara states simultaneously.
The case for Amotekun
The fear that the Southwest was under siege was heightened by an alarming claim last May by a pan-Yoruba group, Apapo Oodua Koya (AOKOYA)which said it had identified “exactly 1,123” terrorist cells in forests and highlands across Yorubaland.
The report claimed that the cells were set up by armed herdsmen, some of whom spoke French.
The cells are also “well organised” networked with each other, and had adopted martial training, AOKOYA said.
The group said it made the findings from a six-month study it conducted “using some of the best intelligence gathering equipment.”
Satellite images backing its claims, it added, had been submitted to Governors of South West states and some traditional rulers.
Some of the claims in the report were so alarming, that several media houses declined to publish it in full.
Southwest now has lowest crime rate
But the security situation has since improved.
Last year, Inspector-General of Police, Mr. Mohammed Adamu said statistics showed that the Southwest had the lowest crime rate among the six geopolitical zones in the country.
Adamu said most of the high crimes in the region were isolated cases occurring in forests and on roads, which necessitated deployment of special tactical surveillance team that would be headed by a commissioner of police.
Amotekun
Nevertheless, at the height of criminality across the six Southwest states last July, the Development Agenda for Western Nigeria (DAWN) Commission held a security summit, which produced the idea of an unconventional regional security outfit to root out criminals and criminality from the six states: Oyo, Osun, Lagos, Ondo, Ogun and Ekiti.
Last Wednesday, six months later, the Southwest launched the Western Nigeria Security Network (WNSN), codenamed Operation Amotekun, in Ibadan, the Oyo State capital.
The event was attended by Governor Seyi Makinde (Oyo), Dr Kayode Fayemi (Ekiti) and Rotimi Akeredolu (Ondo).
Governor Gboyega Oyetola (Osun) and his counterpart from Ogun SState Governor Dapo Abiodun were represented by their deputies.
Lagos State Governor Babajide Sanwo-Olu was said to have been absent due to bad weather that made landing of his aircraft impossible.
The Ooni of Ife, Oba Adeyeye Ogunwusi led other other traditional rulers from the region to the launch.
What is Amotekun?
Amotekun is the Yoruba name for leopard, a carnivorous big cat with strong bones and jaws. It has a running speed average of 58 kilometer per hour.
Leopards hunt down prey in the same manner as lions and tigers. They are feared in Yoruba land because of their strength, speed and carnivorous nature.
The name was carefully chosen to convey the above attributes which are believed will send the right signals to criminals.
Membership, structure
Membership of the outfit comprises vigilance groups operating within each state, security experts and statutory security agencies such as the police and the Nigerian Security and Civil Defence Corps.
Though a regional outfit, each state will have its own Amotekun in the form of a state police command. It will operate from a given base in each state.
There will also be local government organs, which will coordinate Amotekun activities in each local government. But the six state commands will relate with the regional command to which each has contributed vehicles equipped with security and communication gadgets.
The regional command will operate from the control centre in Ibadan, and will work closely with the DAWN Commission, which provides administrative supervision to the project.
Amotekun will be funded by the state governments with support from their security trust funds. The Commissioner of Police in each state will oversee Amotekun.
Operational guidelines
Over 100 patrol vehicles, with the inscription, ‘WNSN, Zero Tolerance to Crime,’ were procured by the state governments for the purpose.
Oyo State procured 33 vehicles, while other states procured over 20 each, making it over 130 vehicles to be deployed for the operation.
Amotekun personnel were not on ground as the recruitment was said to be ongoing. Those who were at the launch were local vigilance members and hunters.
The Nation learnt that the states have recruited many of the unconventional security personnel.
As a local collaborative measure, Amotekun will gather information about crimes and suspicious activities for interpretation and proper action, including prevention, management or counteraction.
It will undertake routine patrols in parts of highways in the region, which police are unable to adequately cover day and night.
Working with traditional rulers, its activities will also permeate local communities to keep an eye on suspicious residents, visitors and non-residents coming for business or related activities.
The outfit will deploy technology in its operations, including geographical mapping and security drones.
By gathering intelligence and sharing it with the police and other statutory security agencies, it is believed that these security measures will help improve community peace and security all over the region.
Why Amotekun and not regular law enforcement?
Some critics have raised misgivings over the practicability of the initiative with conventional security agencies.
Fears have also been raised that Amotekun is a ploy to implement state police through the back door.
The Northern Youths Council, in a statement on January 11, faulted the move and described Amotekun as the “military wing” of the Oodua Peoples’ Congress (OPC).
“Amotekun group in the South-west is OPC military wing in disguise and in the same league with the proscribed IPOB. The President must not allow this unconstitutionality to prevail,” the body said.
The group added, “The South-west governors must desist from backing nefarious groups such as this one. Amotekun is a threat to peace and national security and an attempt to jeopardise Nigeria’s sovereignty. Amotekun is no different from Boko Haram and IPOB in their formative stages.
“Nigeria Police, DSS and Army shouldn’t take this lightly with the governors of the South-west. The National Security Adviser should promptly take steps that will avert the looming threat to our national security that is about to be threatened by the South-west governors, OPC and others.”
Besides, the Southwest, having stoutly agitated for restructuring and devolution of powers, the launch of Operation Amotekun was seen in some quarters as a plus for proponents of restructuring.
It has been suggested that regular law enforcement agencies, including the police and Civil Defence are in the best position to combat the kinds of crime Amotekun seeks to do.
A retired military officer, Colonel David Binitie (rtd) said: “There is the need to reform policing in the nation. This is only a knee-jerk response to a national failure to do the needful.
“…The security and other such arrangements which were in place in 1966 cannot address the current realities. Policing also requires a process for prosecution. What arrangement has Amotekun in this regard? So this raises a lot of other issues.”
Last July, Inspector-General of Police (IGP) Mohammed Adamu said the Force would recruit 40,000 community policing officers (CPOs) to boost security.
The CPOs are expected to bridge the gap between the Force and members of the public, Adamu said.
The police and other security agencies shunned the launch of Operation Amotekun in Ibadan.
The boycott stemmed from fears that Amotekun might turn out to be a parallel security agency.
The Southwest governors are in the process of sending a delegation to Police Inspector General Mohammed Adamu on discussing the scope of the security outfit.
Expected to lead the delegation is Governor Rotimi Akeredolu of Ondo State.
Amotekun to complement policing
But Chairman of the Nigeria Governors Forum (NGF), Dr. Kayode Fayemi, who is also one of the governors behind Operation Amotekun, has said that Operation Amotekun is a complement and not an alternative to the Police.
Consequently, its personnel will not bear arms.
“From the way our people have embraced it, the popularity is beyond our belief,” he told The Nation.
“So, Operation Amotekun is largely an intelligence outfit, they will not bear arms. Those we are engaging have knowledge of the local terrain, the culture and the language of our people which can assist the police and other security agencies.”
Also, the failure of law enforcement agencies to keep people safe, often due to poor funding, is the reason for Amotekun in the first place.
For instance, last month in Benin City, Edo State, a Divisional Police Officer (DPO) at this year’s leadership summit organised by the Leading Rights Ambassador Initiative (LRAI) revealed that he and his colleagues received N66, 000 annually as imprest to work.
Read Also: Operation Amotekun legal, say Sagay, Ekiti lawyers
With the N66, 000 per year, he is expected to fuel the division’s patrol vehicles, service and repair, buy stationeries and toiletries, give IPOs money for investigations, including money for transportation, pay for the typing and printing of charge sheets and transport suspects to court for arraignment, among other recurring expenses.
“How much is N66, 000 for DPOs to be spending annually? How do I run a full police division with N66, 000? How do I buy fuel to pursue criminals? They don’t supply us uniforms. No money for the case file. Why will such a system work? We must change our attitude.
“We are still doing analogue policing. We manage to make do with what we have to fight criminals,” he said.
Also addressing critics’ concerns, Governor Makinde said: “To those who are afraid, I say, when we assumed office, we all took the Oath of Office and promised to be faithful and bear true allegiance to the Federal Republic of Nigeria; To follow the dictates of the Constitution and protect the sovereignty of the Federal Republic of Nigeria. We have not forgotten our oath.”
‘Amotekun is lawful’
Gov Akeredolu, a Senior Advocate of Nigeria (SAN) said the outfit was lawful.
He cited Section 14(2)(b) of the Constitution which states: “The security and welfare of the people shall be the primary purpose of government.”
Akeredolu said: “What we are doing is legal and all we know is that it is within our powers. Section 14 of the constitution is very clear and we have responsibilities for our people in this zone for their security of lives and property, so it is in pursuit of that, that we are setting that up to make sure that at least, to give our people the confidence that the Governors are worried with the sate of insecurity in the region.
“We have said that the essence of Amotekun is collaborations. We are not here to upstage any of the existing security operatives, be it military, police, civil defence, all of them. We are all going to work together, I can assure you.”
Is Amotekun within the law?
But does Amotekun have a sound footing in law?
It appears that Section 49 of the Nigeria Police Act has provided a window for the emergence of Operation Amotekun under the supervision of the police.
Section 49 of the Police Act (The Nigeria Special Constabulary), says: “(1) There shall continue to be a Nigeria Special Constabulary (in this Act called “the special constabulary”).
“(2) The special constabulary shall be, and be deemed always to have been, part of the Nigeria Police Force, and accordingly references in this Act to the police force established under this Act shall, subject to the provisions of this Act, include, and be deemed always to have included, references to the special constabulary.
“(3) The special constabulary shall consist of- (a) special constables appointed in normal circumstances under section 50 of this Act; and
“(b) such emergency special constables as may be appointed from time to time under section 4 of this Act.
(4) In so far as any enactment (whether passed or made before or after the commencement of this Act) requires police officers to perform military duties or confers power (whether expressly or in general terms) to require police officers to perform such duties, that enactment shall not, in the absence of express provision to the contrary, extend to members of the special constabulary.”
Lawyers speak
Nigerian Bar Association (NBA) President, Mr. Paul Usoro (SAN) noted that the insecurity in the land has creating the need for the establishment of groups like the Amotekun.
He urged the Western Nigeria Security Network to make its operational guidelines public, as “it is when you have such a framework, and not by words of mouth, that you will know what their powers are,”
But Presidential Advisory Committee against Corruption (PACAC) Chairman Prof. Itse Sagay (SAN) on Sunday
gave his backing to the establishment of Operation Amotekun.
Asked if the law backs such an outfit, Sagay said Operation Amotekun was not the same as state police.
“It’s not state police. I think the people who created it have been careful. Yes, there is a security outfit, but there is nothing in the Constitution that precludes either states or association of states from taking care of their security.
“There is this popular saying that the governor is the chief security officer of a state. That’s not an empty statement.
“They get a lot of money for security, and I look at this as part of the responsibility of the governors acting jointly to provide greater security in the Southwest,” Sagay added.
Mallam Yusuf Alli SAN also saw nothing unlawful about Amotekun.
“From what I have read about Amotekun, it is going to be constituted by security men, uniformed security men, both police and soldiers and others.
“Besides, our society has come to terms with the establishment of vigilance groups. They can be found in every nook and cranny of Nigeria. Nobody has ever said that vigilante is a replication of either the police or the military.”
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