Lawyers weigh in on gun ownership self-defense

Calls for the law to support the liberalization of gun ownership by civilians have continued to attract opinions from Nigerians and lawyers have also weighed in. The call for a bill that permits firearms ownership was first mooted by a lawmaker representing Delta North Senatorial District, Ned Nwoko, following incessant killings and insecurity in the […]

Calls for the law to support the liberalization of gun ownership by civilians have continued to attract opinions from Nigerians and lawyers have also weighed in.

The call for a bill that permits firearms ownership was first mooted by a lawmaker representing Delta North Senatorial District, Ned Nwoko, following incessant killings and insecurity in the country.

There are concerns that gun ownership liberalisation could backfire with total state collapse, the collapse of social and family values, a drug-infested youth populace, huge swaths of ungoverned spaces, porous borders, a burgeoning illicit drugs market which has intensified the violent conflicts and banditry ravaging the land.

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The provisions of the Firearms Act restrict gun ownership and possession to those with a license from the president or the Inspector General of Police and bar those less than 17 years of age.

The law prohibits the production and trade of firearms without a license from the Inspector General of Police and punishes any violation with a minimum of 10 year’s imprisonment.

The law permits ownership and license of certain categories of firearms but such is not as of right and with the approval of the president.  

Section 7(2) of the Act provides thus: “Notwithstanding the provisions of subsection (1) of this section, no license or permit under the provisions of this Act shall be granted if there is reason to believe that the applicant or holder of the license – (a) is under the age of 17n; (b) is of unsound mind;  (c)   is not fit to have possession of the firearm in question on account of defective eyesight; (d) is a person of intemperate habits; and (e) has during the previous five years been convicted of an offence involving violence or the threat of violence.”

Speaking on the matter, Femi Falana (SAN) said Nigerians have the right to carry firearms for self-defence.

Speaking on Arise TV, Falana said “In the first place, it is not correct to say Nigerians have no right to bear arms.

 “Apart from the fact that the penal code applicable to the North and the criminal code applicable to the South recognize the right to self-defence.

“In the first place, we have to discuss the rights and proceed to examine the propriety. In other words, if someone aims a gun at me, and I can quickly grab another gun, I have the right to shoot.”

Supporting the above submission, Dr Reuben Atabo (SAN) said he supports the argument that every Nigerian should carry gun “since the primary aim of government in protecting lives and properties has been eroded by subsequent governments.  

“Furthermore, I will equally support that every Nigerian should undergo training to handle arms at least for a period of three to six months. 

“This will go a long way to reduce the incident of kidnapping and unwarranted destruction of properties.”

Similarly, Abeny Mohammed (SAN) said because much of the firearms in Nigeria are in the hands of foreigners involved in banditry, licenses for ownership of firearms should be liberalised to enable Nigerians who are interested in the ownership of firearms to have them upon application.

“It is double standard to allow some Nigerians and foreigners to own firearms at the expense of other Nigerians,” he said.

 “By this, I mean the nomadic non-Nigerian Fulani who entered Nigeria illegally with weapons like AK-47 rifles and other automatic weapons for which licenses for firearms are normally not issued to Nigerians who own firearms like double- or single-barrel guns.

 “The influx of armed Fulani and other foreigners into the country is the root cause of terrorism, banditry, and the endemic kidnappings ravaging the country, which the security forces have not been able to curtail.

“The protagonists to allow Nigerians to own firearms believe rightly or wrongly that it will counter the illegal possession of firearms by foreigners and some Nigerians.

“The antagonists of liberalisation of ownership of firearms in the country are of the view that it will heighten violent crimes in the country.

“It is no secret or news that many Nigerians are already in possession of firearms illegally either for self-defence or to counter-terrorism, banditry, and armed kidnappings/abductions rampaging the country.

“Unlawful possession of firearms is a serious crime. In my opinion, the government must disarm every person unlawfully in possession of firearms in Nigeria whether foreigners or Nigerians.”

On his part, Hameed Ajibola Jimoh Esq said the Nigerian current circumstances are compelling one to advise and opine that everyone capable of affording it should be allowed to carry a gun or possess a gun.

He noted that gun possession in some foreign countries is scary and could be worse in Nigeria with a spike in criminality and destruction of lives and properties.

 “My humble advice therefore is that since incidents of insecurity are factors propelling and compelling the arguments about permissibility for possession of guns, the government should do its best more than before to nip the situation in the bud,” he said.

Adding his voice in this vein, a legal practitioner, Malachy Nwaekpe Esq said there should be liberalization of gun ownership with some regulations.

On the contrary, Dayo Akinlaja (SAN) said gun ownership right to all is not the way to go as it could be abused in the country.

He said the dilemma over whether to liberalise gun ownership or not should be subjected to a summit by all stakeholders and be thoroughly discussed.

“However, with the increasing spate of insecurity all around the country, my resoluteness in that regard is beginning to wane,” Akinlaja said.

 “I am at the moment tempted to believe that it is expedient that all options should be brought to the proverbial table for interrogation.

“Put succinctly, it is time we brought up this issue for public debate and resolution. With the benefit of statutory regimentation on how the right is to be exercised, we may be able to eschew some, if not all, of the worries that ordinarily plague the issue of the right to own guns by all.

On the pains of emphasis, the grave fears that the possibility of everyone being allowed to carry guns invokes are not dislodged from any discerning mind.

However, the sad reality is that the security situation around is daily worsening. In the face of this disquieting scenario, we are beset by a desperate atmosphere. As a sequel to this, we need to explore desperate options in the quest to find solutions to our security quagmires.