Godwin Tsa Abuja
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN has maintained the position of the Federal Government that any security arrangement not supported by extant laws remained illegal.
According to a statement by his Special Assistant on Media and Public Relations, Dr. Umar Gwandu, the Minister made the statement during the Radio Nigeria programme
“Nationwide Politics”  where he maintained that the federal Government has
already issued its stance through a statement rooted in the law and
the constitution.
According to Malami regional security architectural arrangement by states is not tolerated by the Constitution of the Federation and
hence cannot be rooted in the Constitution of the Federal Republic of
Nigeria or in any of the extant law.
Malami said “the planning, execution, consummation of whatever security arrangement must be naturally grounded in law, rooted in the constitution and tolerated by the Law” maintaining that “for any
arrangement to stand within the law, the bottom line is that
constitutionality and legality must be factored.
“Provided that there is an aberration relating to constitutional compliance, I think the right thing to do is to ensure constitutionality and legality both in spirit, planning, concept and
consummation,” the Minister has said.
On the issue of state governments making efforts towards legislation that would back the operation of Ametokun, the Attorney-General of the
Federation said that the Federal Government’s stance revolves around
the legality and constitutionality elements that should be factored into the planning, conceptualization, consummation and execution of
the operation.
“If you are taking of regional arrangement, for example, at what point
did the state assemblies come together as a region for the purpose of
coming up with a statue or a law that can operate within the context
of the Constitution  taking into consideration the Federating
arrangement that does not allow or tolerate a regional state house of
Assembly arrangement,” he said.
The Attorney-General of the Federation said the Federal Government
does oppose a working arrangement with the institution established by
the Constitution for the provision of security and in this case with particular reference to the Police.
“You cannot independently, unilaterally operate in the provision of the Constitution without recourse to the constitutional authority that is the bottom line”.
“Working together, helping the Federal Government in the provision of security is indeed a welcome development but it has to be rooted in the law and within the context of working arrangement with institutions constitutionally established and not a unilateral exclusive arrangement by a regional body”.
“In the circumstances of Ametokun, it is the idea of unilateral control that it is the problem without recourse to the institutional and constitutional arrangement that is put in place by our
constitutions”.
“You can, indeed provide whatever support and consideration but definitely it must be rooted in the Constitutional arrangement and so
self-help by way of unilateral arrangement *cannot* be tolerated with
particular reference to regional arrangement which is not rooted in
the Constitution within the context of security”.
 Responding to claim that some state governors from some regions have *been*
making efforts to establish regional security apparatus in their regions, the Minister said the “the law is universal. It is not exclusive to a zone or a region in its application. The universality of the law will naturally prevail in ensuring that due processes are indeed complied with”.