An Overview Of The Gun Regulations In Nigeria: The Current Stance And The Way Forward

Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK).

INTRODUCTION

Guns, also known as firearms under Nigerian Law, have been in existence since the 10^th century. It has from the early days, providing protection and security for people and where not properly controlled is known to cause grievous harm and mass destruction in society. This is the reason why countries of the world regulate firearms in their society. Some Countries go as far as accounting for every bullet that circulates their system and society. This is the relevance and sensitive nature of Firearms in society. This article seeks to examine the current gun regulations in Nigeria, the reception and effect of these laws in society, and the next step to be taken in order to achieve a well-regulated firearm environment for the citizens of Nigeria.

THE FIREARMS CONTROL ACT NO. 32 OF 1959 CAP. F28 LAWS OF THE FEDERATION OF NIGERIA, 2004.

This Act has been responsible for the control of firearms in Nigeria for the last sixty-seven years. The Act provides that no person shall have in his possession or under his control, any firearm or ammunition except the such person has a license from the President or the Inspector General of Police.

It states further that no license or permit to carry firearms should be granted to the following people;

1. Applicants under the age of seventeen;
2. Persons who are of unsound mind;
3. Persons not fit to have possession of the firearm in question on account of defective eyesight; and
4. Persons of intemperate habits or anyone who has been convicted of an offence involving violence or the threat of violence during the previous five years.

Except for licensed firearm dealers, it is unlawful for anyone to buy or sell firearms or ammunition. The same goes for firearm manufacturing, only the Inspector–General of police can grant a license to make and repair firearms in Nigeria. However, such persons must be duly documented and registered.

Anyone who has in their possession unlicensed firearms; who imports or exports firearms or ammunition other than through prescribed ports or who manufactures, assembles, or repairs firearms and ammunition unlawfully shall be liable to a minimum sentence of ten years imprisonment[1].

Personal firearms are also prohibited including shotguns other than automatic and semi-automatic shotguns; shotguns provided with any kind of mechanical reloading device; sporting rifles, air guns, air rifles or air pistols, and humane killers of the captive bolt type. Dane guns, flint-lock guns, and cap guns are also included in the list.

One of the most important responsibilities of government is the safeguarding of lives and properties, provided under Section 14 (2) (b) of the 1999 Constitution as amended. So paramount is this responsibility that the entire economic, social and political progress of any society depends on it. Furthermore, the Constitution guarantees every citizen the right to life under Section 33 (1). It can be validly argued that beneath the right to life is the right to protect your life from harm or unlawful attack with reasonable force. Therefore Section 33 (2) (a) gives private citizens the authority to use reasonable force to defend themselves from unlawful violence or for the defence of property. This is the right to self-defence.

With the rise in insurgency all over the globe, citizens have begun to raise questions and disagree with the Firearm Act prohibition on individuals carrying firearms as a means of personal security, and in situations where self-defence is necessary.

Considering the illegality of firearms amongst unlicensed individuals in society, Nigeria still accounts for 70% of illegal guns in West Africa according to a United Nations report on August 3^rd, 2016[2]. This can be assumed to be one of the major causes and triggers of insecurity in these times. The question remains: “Should citizens bear firearms to protect their lives and properties?”

In South Africa, the case of In Ex parte Minister of Justice: In RE S v Van Wyk[3] is very instructive. The defendant had tried numerous methods of ending hoodlums from burgling his shop. With the knowledge of the South African police, he rigged up a shotgun, which would be triggered by any hoodlum entering the shop through one of his windows or tampering with his groceries in the shop. The gun was fixated in such a way that it would aim at the legs of the intruder only, and he had also placed a notice on his shop door warning of the trap. In spite of this step, a man broke into the shop and was fatally shot. At his trial, the defendant successfully pleaded private defence and was acquitted.

The Court decided that killing in defence of property can be justified in circumstances where no other less dangerous or effective method is available to protect property. According to the Court, the test is whether the means of defending the property were reasonable by having regard to all the circumstances, such as the nature and extent of the danger, the value of the property, and the time and place of the occurrence. The value of the property seems an important factor in determining the reasonableness of the defence.

Considering the level of insecurity in Nigeria, the Firearms Act and its ancillary regulations do not foster nor enable citizens to protect themselves when security agencies fall short of their duties. The Act ought to be amended or supported with policies that are liberal as well as more favourable to the principle enunciated under section 33(2) (a) of the 1999 Constitution, which is the right to kill in defence of oneself or in defence of one’s family or property.

NEXT STEP TO ACHIEVING A WELL-REGULATED FIREARM SOCIETY

On the 2^nd of February, 2022, a bill titled “The Firearms Act Cap F28 LFN (Amendment) Bill 2022 (SB. 889)” aimed at tightening firearms control and curtailing the proliferation of illegal arms, and bringing it in line with global best practices to effectively address some of the security challenges being currently plaguing Nigeria, was read on the first read on the floor of the Senate.

This bill aims to meet the needs of modern-day society in this modern-day world. The bill desires to reduce the use of small arms, specifying weapons perceived as being capable of inflicting the greatest damage and those most easily concealed (such as handguns and other short-barreled weapons).

It would further restrict persons from legal access to firearms, such as; those below a certain age or having a criminal record. Firearm licenses may be denied to those felt most at risk of harming themselves or others, such as persons with a history of domestic violence, alcoholism or substance abuse, mental illness, depression, or attempted suicide.

This bill is a step in the right direction to reducing the circulation of firearms in the country, which will in turn save the lives and properties of the citizens.

SNIPPET

What are the laws that regulate firearms in Nigeria? What are their lapses? And what is the way forward? These are the questions this article aims to answer.

KEYWORDS

Firearms, Citizens, Gun Regulations, Law, Self-Defence

AUTHOR

Mr. Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm).

Mr. Atoyebi has expertise in and vast knowledge of Policy Making and this has seen him advise and represent his vast clientele in a myriad of high-level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of Senior Advocate of Nigeria.

He can be reached at atoyebi@omaplex.com.ng

CONTRIBUTOR: Efe Iseghohime

Efe is a member of the Corporate Team at OMAPLEX Law Firm. She also holds commendable legal expertise in Policy Making.

She can be reached at efe.iseghohime@omaplex.com.ng

[1] Legalnaija, ‘GUNS AND LICENSES: NIGERIAN FIREARMS ACT’ (2013) < https://legalnaija.com/nigerian-firearm-act/02900951941647681314/#:~:text=The%20Nigerian%20Fire%20Arms%20Act,the%20Inspector%20General%20of%20Police.> accessed 14 December 2021

[2] Chijioke Ifediora, ‘Insecurity and the right to bear arms’ (2020) < https://guardian.ng/opinion/insecurity-and-the-right-to-bear-arms/> accessed 15 December 2022.

[3] (1967) (1) SA 488 A and 1967 84 SAJL 123.)