The Office Of The Oyo State AGF And The Oyo State Security Network Agency(Amotekun) -By Segun Adebowale

The office of the Attorney-General & Commissioner for Justice, Oyo State was established in accordance with Decree 14 of 1967.  By Section 195 of the 1999 Constitution, “There shall be an Attorney-General for each State who shall be the Chief Law Officer of the State and a Commissioner for Justice of the government of that State pursuant to the above provision”.  The Attorney-General is appointed by the Governor of a State.  The appointed person is eligible to hold office as Attorney-General if he is qualified as a Legal Practitioner in Nigeria and has been so qualified for not less than ten years.

The present Attorney-General & Commissioner for Justice of Oyo State is Prof. Oyelowo Oyewo, SAN. He is a member of the Oyo State Cabinet and in his capacity as the Attorney-General, is the custodian of the law, acting in the public interest.  He is responsible for legal affairs of the administration in Oyo State.

The Role and Functions of the Attorney-General

The Attorney-General is in-charge of the Ministry of Justice and has responsibility for the various departments and agencies of the Ministry which include the Directorates of Civil Litigation, Advisory Services, Legislative Drafting, Public Prosecutions, Administrator-General & Public Trustees, Commercial Law, Citizens’ Rights, Office of the Public Defender (OPD), Citizens Mediation Centre (CMC), Public Advice Centre (PAC), etc.  In carrying out his function and responsibilities, the Attorney-General acts through the Law officers in each department or agency in the Ministry.

The Attorney-General is the Chief Public Prosecutor in Oyo State for all criminal matters.  In the exercise of his powers to institute, undertake or discontinue criminal proceedings as conferred on him by S.211 of the Constitution, the Attorney-General shall not be subject to the direction or control of any person or authority.

The Attorney-General as the Chief Law Officer of the State exercises his power and performs his functions either personally or through any Law officer in the department or agency of the Ministry.  His functions include:

Giving legal advice to government, Ministries, Statutory bodies and Departments of Government;

Arranging for legal officers or lawyers to prosecute criminal matters; arranging for lawyers to institute or defend civil actions on behalf of the State, its parastatals and agencies;

Keeping under review all the laws applicable to Oyo State with a view to their systematic development and reform;

Preparing executive bills in accordance with directives from the Cabinet for Laws to be enacted by the State House of Assembly;

Preparing subsidiary legislation for government Ministries and other Bodies;

Attending the State Executive Council meeting where policies are formulated for the State; and

Performing any other duty that may be assigned to him by the Governor.

Sir, it baffles and embitters ones heart that with all these Constitutional functions of the office of Attorney General of Oyo State and others rooted in the Oyo State Security Network Agency Law 2020 are grossly abused by the Oyo State Security Network Agency (Amotekun) Management team despite the fact that the office of Oyo State Attorney general recommended the appointment of the Oyo State Security Network Agency (Amotekun) Board Chairman, as contain in section 7 (4) of The Oyo State Security Network Agency and Amotekun Corps Law 2020, thus 

“The Chairman and members of the Board shall be appointed by the Governor on the recommendation of the Attorney-General subject to the confirmation of at least two-thirds majority of the House of Assembly”

With unprofessionalism operating in the Oyo State Security Network Agency (Amotekun) can one say that the recommendation of the office of Attorney General of Oyo State on the Oyo State Amotekun Board of Governance is wrong or what?

Sir, why the office of Oyo State Attorney General failed to advice the Oyo State Governor Engineer Seyi Makinde and the Oyo State House of Assembly the need and importance of Establishment and Composition of Independent Amotekun Complaints Committee as contain in 23 (1-4) of The Oyo State Security Network Agency and Amotekun Corps Law 2020, thus 

(1)“There is established an independent Amotekun Corps Complaints Committee (referred to in this Law as the “Complaints Committee”) made up of 3 part time members from the 3 Senatorial districts, one of whom shall be a female”

( 2) The Chairman and members of the Complaints Committee shall be    appointed by  the Governor acting on the advice of the Attorney-   General subject to approval of the House of Assembly.    

 (3)  The members shall hold office for a period of 3 years and may be     re-appointed for one further term of 3 years.  

  (4)  The Chairman of the Complaints Committee shall be a retired Judge or  Magistrate and no person shall be qualified to be appointed as, or  remain, a member of the Complaints Committee if he is a public officer, or a member, officer or servant of any corporate body established by law, or a serving Judge or Magistrate or a member of the House of Assembly or a member of a Local Government Council.  

As the establishment of the Independent Amotekun Complaints Committee helps in no small measures to checkmate the Oyo State Amotekun Management team and the Oyo State Amotekun Operatives for better and effective operation.

Likewise “… the Attorney-General shall not be subject to the direction or control of any person or authority”. Can the Oyo State Attorney General proof to the Oyo State Citizens that the office of Oyo State Attorney General has not subjected to the direction and control of the authority of the Oyo State Security Network (Amotekun) Management team, most especially the control and direction of the Oyo State Amotekun Commander Colonel (rted) Olayinka Olayanju in administering the affairs of the Oyo State Security Network Agency (Amotekun) Lawlessly (Unprofessionally) way.   

Above all, the Attorney-General is in-charge of the Ministry of Justice and has responsibility for the various departments and agencies of the Ministry in carrying out his function and responsibilities, the Attorney-General acts through the Law officers in each department or agency in the Ministry, which the Oyo State Security Network Agency and Amotekun Corps is not excluded. The Oyo State Security Network Agency (Amotekun) Management team is arbitrarily acting outside the content and the mandate of the Oyo State Security Network Agency and Amotekun Corps Law 2020, without being call to order by the office of Oyo State Attorney General.

In conclusion sir, as a concerned Oyo State citizen, I implore the office of the Oyo State Attorney General to perform the constitutional duty of giving legal advice to the Oyo State government and the Oyo State Security Network Agency (Amotekun) Management team on the need for professionalism to rule in the Oyo State Security Network Agency (Amotekun). 

Sir, the office of the Oyo State Attorney General shall greatly appreciated if the office can recommend and mandate professionalism inform of issuing appointment letter indicating terms and condition of service to the Oyo Amotekun operative, ranking / grading (Organization structure) of Oyo Amotekun operatives through Certification, making retraining of Oyo State Amotekun imperative as to bring about efficiency and effectiveness on the part of Oyo State Amotekun operatives, make the Oyo State Amotekun operatives eligible for the public servant entitlements, immediate and proactive measure to regulate the management team superstition belief on forceful traditional oath taken and removal of shrines in the Oyo State Amotekun offices, operational base inclusive, making code of conduct and operational manure available to guide the Oyo state Amotekun operatives,  procurement of modern day security gadgets and other special security equipments that will assist the Oyo State Security Network Agency (Amotekun) personnel to actively and accurately protect lives and property of the Oyo State citizens.                                                                                      

The office of the Oyo State Attorney General is also beseech to use the power of the office to stop favoritism and Nepotism operating through Odua People’s Congress (OPC) caucus, the OPC caucus interest is prevailing in the Oyo State Security Network Agency (Amotekun) as against the Oyo State Security Network Agency and Amotekun Corps Law 2020, which without favoritism and nepotism will serves all Oyo State Amotekun operatives accordingly, even the Oyo State citizens.