YEJIDE GBENGA-OGUNDARE reexamines the argument for and against policing, beyond federal level.
Insecurity has become a major challenge in Nigeria and the rise in daily cases of insecurity has helped to build a national consensus that taming the situation is practically beyond the capacity of the security agencies in the country despite joint efforts to decimate the banditry, kidnapping and terrorism especially in the northern part of Nigeria.
This reality is behind the persistent push for regional or state policing by Nigerians across ethic and religious divides but the Federal Government has refused to buy into the idea of state policing for various reasons including the constitutionality of the establishment of state police.
Despite the arguments in some quarters that it is not constitutional to have a state police, many informed commentators have argued that contrary to the argument that policing and security are the exclusive preserve of the Federal Government, there are provisions within the constitution and other laws that could enable regional security outfits to operate lawfully in Nigeria though their effective operation will require a measure of cooperation with the central government in terms of use of arms and ammunition, which is within the exclusive legislative list.
And while it is argued that this condition, does not make establishment of security outfit by the states unlawful because devolution of powers for the establishment of regional security outfit is inherent within the constitution, the idea of a state police has remained elusive.
Amid the arguments over the constitutionality or otherwise of policing beyond the federal government, insecurity, in different guise, has continued unabated, with attendant huge losses in human lives, as well as payment of billions of naira as ransom on kidnap victims. With the governors, coming under pressure from the citizenry regarding their safety and protection as enshrined in the laws of engagement; the state executives came together to form quasi-regional security outfits like Western Nigeria Security Network, better known as Amotekun in the South West, Ebube agu in the South East and most recently, the Benue State Community Volunteer Guards, (BSCVG) among others, to support security agents in the troubled mid-North state.
Few days after the latest violent attacks by scores of gunmen on Igangan, an agrarian community in Ibarapa North Local Government of Oyo State; the state governor Engr. Seyi Makinde bemoaned the recurring wanton destruction of lives and properties in the region. He also called on the Federal Government to permit governors in the South-West to equip the Amotekun Corps with sophisticated weapons, such as AK-47. To tackle rising insecurity, especially banditry and kidnapping in the geo-political zone, Makinde is settled that the regional “army” must bear arms.
The Debate
In 2021, Governor Seyi Makinde, in a keynote address at the opening of the two-day 2021 National Democracy Summit, had expressed frustration with the challenges being faced by governors who are called chief security officers of their states but lack the required power, adding that “even though I continue to take responsibility for the security situation in Oyo State, we all know that, in reality, the Commissioner of Police has to wait for orders from ‘above’ before taking specific actions to benefit the local population. So, looking at the federal security agencies here in Oyo State, they have to get clearance from the Federal Government. We will continue to do our best. Here in the South West, we were able to kick-start Amotekun. But even with Amotekun, people ask how the killings happened. Were they not there? But we have several limitations to what Amotekun can do and even the firearms they can carry.”
On the need to improve the quality of arms the Amotekun Security Corps bear, Governor Makinde said, “You have dane guns, and you are faced with people carrying AK-47. If it is in terms of investment, if we are given the authority, I will also buy AK-47s for Amotekun, if given the licence.”
Senator Kola Balogun also called on the Federal Government to hasten efforts to grant Amotekun the licence to bear arms. He appealed to the Inspector General of Police and the institution of police, to grant the requisite licence, in order for the regional outfit to be well-equipped, as long as what the operatives are doing, is in line with what the police should be doing.
The general consensus is that Amotekun, like all other regional security outfits, came into existence as a child of necessity. Governors from the region, came together with a harmonised security strategy by floating the indigenous security outfit to assist in inter-state operations and intelligence-sharing in combating the surging menace of violent banditry, herder-farmers clashes, and kidnapping in the zone.
They felt obliged to do it, following the seeming limitation of the federal security forces to effectively contain cases of violence in the region. The governors of the six states launched Amotekun on January 9, 2021, in Ibadan, the Oyo State capital, with the sole aim of providing security for the people within the region despite the initial stiff opposition from the Federal Government that the current Nigerian constitution does not accommodate the formation of regional security architecture.
They had however continued to ask that the Federal Government allow the agency bear arms. In February 2020, following the plan by South-West governors to apply to the Inspector-General of Police, for the personnel of the Amotekun corps to carry arms, the police authorities had come out with conditions for the issuance of same. The Force Public Relations Office said the request would be assessed within the confines of the law.
He noted that there cannot be gun licence issuance to any security outfit or state apparatus without conforming to the contents and provisions of the Firearms Act. He further stressed that the police did not have the discretion of issuing gun licences because the licensing is governed by law and it works with the provisions of the Firearms Act.
The position of the force seems corroborated by Section 18 of the Amotekun draft bill of Ekiti state which states that “The Ekiti State Amotekun Corps shall, subject to the approval of the Inspector General of Police have the power to bear licensed arms in the performance of its duties and as may be incidental to the operation of its objectives under this Law.’
Recently, Governor Samuel Ortom of Benue State also made efforts to get the president’s approval for arms and ammunition licences for his Benue State Community Volunteer Guards, (BSCVG) to combat bandits and terrorists holding citizens to ransom in his state.Till date, the permission or licence to carry arms has not been given to the Amotekun Corps in Ekiti or any other states within or outside the Southwest or the BSCVG.
Ethnic bias and constitutional question
A few days back, Governor Rotimi Akeredolu of Ondo state declared that his government was set to acquire arms to protect the people of the state under the doctrine of necessity, to fulfill its legal, constitutional and moral duty to the citizens of the state, following a report that the Federal Government had granted approval to bear arms to the Katsina State security outfit, the home state of the President, while denying others.
Akeredolu, in a fiery statement, condemned the alleged approval, claiming that the development was an indication that the Federal Government is pursuing one country, two systems solution to the national question. He queried the rationale behind arming the Katsina vigilantes and denying other states, which had tabled official request for the same licence.
Some legal practitioners, in analysing the current scenario, have doubted the possibility of regional vigilante groups, which are springing up in every part of the country, scaling the constitutional hurdles presented before them, by the Fire-arms Act of Nigeria.
The Fire-arms Act provides that only the President and Inspector General of Police are authorised to issue licence for firearms. Part Two of the Fire Act states: No person shall have in his possession or under his control any firearm of one of the categories specified in Part I of the Schedule hereto (hereinafter referred to as a prohibited firearm) except following a licence granted by the President acting in his discretion; in respect thereof by the Inspector-General of Police, which licences shall be granted or refused under principles decided upon by the National Council of Ministers.”
Lawyers’ take
Human rights activist and Senior Advocate of Nigeria, Femi Falana, was however convinced that it is illegal for the Federal Government not to license Amotekun Corps to bear arms since a private citizen can apply for license to bear arms for self-defence.
He had earlier urged the state governors in the region to approach the authorities in Abuja for Amotekun operatives to bear arms, to effectively tackle the myriad of security challenges ranging from kidnapping, banditry to rape, among other challenges confronting the region. He added that it was suicidal for the operatives of Amotekun to carry on without bearing arms because the criminal elements they are to confront use sophisticated weapons.
But a former Inspector General of Police, Sunday Ehindero, also a lawyer, said it is unconstitutional for operatives of vigilante groups like Amotekun to bear firearms and had advised, at the formative stage of the outfit; that the operators should strictly adhere to the country’s constitution that “forbids them from bearing firearms in the course of their operations.”
He said Amotekun was supposed to be a information and intelligence-gathering outfit rather than an arm-carrying one, advising operatives to key into community policing and work with special constables and the police to combat insecurity at the grassroots.
Another legal practitioner, Abel Onye stated that the Federal Government’s main fear is that once a quasi-security outfit is licensed to carry arms, others will also make demands and there won’t be control again, adding that it should be noted that the Federal Road Safety Corps once made a similar request.
“We should not forget the risk that is inherent in arming a group of civilians as they may also become criminals or militias and I do not think there is the necessary benchmark to handle proliferation of arms and illegal exchanges or being used for nefarious activities.”
However, Olumegbon Adeoye stated that “the Federal Government is mainly being selfish about retaining power; they believe that granting Amotekun and others the freedom to bear arms will be indirectly granting state governors the authority to run a state police.
“There have however been reasons given why the Federal Government may not give assent to use of firearms for regional security and vigilante groups. The reasons adduced include the fact that the use of firearms requires adequate military and psychological training which many of the regional security operatives lack
“Also, they claim that the procurement of arms and ammunition like AK-47 rifles, is on the exclusive legislative list and within the exclusive jurisdiction of the Federal Government and the military and police remain the only legal agencies to carry such weapon.”
Barrister Bosun Aina on his part stated that “before Amotekun or any regional security outfit can carry weapons, there must be a constitutional amendment to change the status quo and if any governor proceeds to procure arms without the president’s approval, such a governor is acting against the provision of the law. “Also, giving such approval is an indirect approval of state police, an arrangement that is still shrouded in controversies.”
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