The debate over arms possession in Nigeria has waxed and waned over the years, stirred by frequent attacks in Nigeria, especially in the Northern region. In particular, the attack on the Abuja-Kaduna bound train last month, where up to 398 passengers were on board, reignited a national discussion about civilians’ possession of arms.
Recent years have seen some of the worst attacks on civilians in Nigerian history. In 2021 alone, armed groups killed more than 3,500 civilians and security personnel in the northern part of the country, according to a report by Nextier Security, Peace and Development (SPD). No less than 2,491 individuals were kidnapped as complex networks of militants intensify acts of insurgency, banditry, kidnapping and criminality; and the trend looks likely to continue through 2021.
The issue of insecurity in the country, therefore, has become something of serious concern to all citizens most of who continue to wonder how the country arrived at such a dastardly situation where no one is safe; and worse still, rather than abate, the problem is escalating and now totally out of control.
Thomas Hobbes, an English political philosopher and thinker described the state of nature as a “war of every man against every man”. It was an era before the emanation of civil, coordinated and socially free society. Human existence in the state of nature was famously portrayed by Hobbes as “solitary, poor, nasty, brutish, and short”.
It is obvious that the state of the country at present is a social re-creation of the Hobbesian state; as attackers now invade people’s privacy and steal away their social freedom, liberty and sense of being.
Thus, this prompted the persistent calls for Nigerians to be allowed to carry firearms, particularly in the northern part of the country.
The calls for firearms possession
Some government officials have clamoured for self-defense against terrorists. In August 2021, the Governor of Benue State, Samuel Ortom, asked the Federal Government to permit citizens to arm themselves, pointing to the United States as an example. He said, “This is a suggestion that the Federal Government should take up seriously because in America people are licensed to carry sophisticated weapons but life is still going on.”
The former Kaduna Central Senator, Shehu Sani also backed the call that Nigerians should be allowed to carry guns.
Sani said if the Government and security agents can’t crush terrorists and bandits in Southern Kaduna and the North, then people should be allowed to arm themselves. He noted that people of the area should be allowed to officially carry same weapons as the terrorists.
In February 2021, the Nigerian Minister of Defence, Bashir Magashi, while admonishing victims of school kidnapping, said, “We shouldn’t be cowards. I don’t know why people are running away from minor, minor, minor things like that. They should stand. Let these people know that even the villagers have the competence and capability to defend themselves.”
Similar calls were made by Kabir Marafa, Senator for Zamfara Central, in 2018 and by Darius Ishaku, governor of Taraba in Febrary 2021.
What does the Nigerian law say about Firearms possession?
The laws relating to the possession of firearms in Nigeria are the Firearms Act and the Firearms Regulation. These laws make provision for and regulate the possession of and dealing in firearms and ammunition.
According to the Firearms Act, firearms mean “any lethal barelled weapon of any description from which any shot, bullet or other missile can be discharged.”
Ammunition means “a component part of any firearm and includes shots, bullets, missiles, etc. The Firearms Act highlights the permitted and prohibited forms of firearms capable of being in the possession of private citizens of Nigeria.”
Section 3 of the Firearms Act provides that “no person shall have in his possession or under his control any firearm or ammunition except in accordance with a license granted by the President acting in his discretion”.
In order to acquire firearms in Nigeria, a person has to make an application to the relevant authority, which will grant a license thereafter.
The Firearms Act further provides that a license for the possession of firearms is not granted as of right. Thus, the grant of an application for the possession of firearms is based solely on the discretion of the President or the Inspector General of Police (IGP) and this can be refused without any reason. In the same vein, the applicant is not required by law to provide a genuine reason for the grant of the license. However, in practice it is advised to have a valid reason for the application for a license to possess firearms.
Possession of firearms, which is not in accordance with the highlighted provisions of the Firearms Act and the Firearms Regulation, is a crime punishable with a maximum imprisonment term. The Firearms Act and Firearms Regulation also contain salient provisions on the sale, transfer, importation and exportation of firearms.
A look at African countries
The provision of the Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons – adopted in Bamako, Mali, on 1 December 2000 by the representatives of the 51 member states of the Organisation of African Unity (OAU) – recommend that the signatories would establish the illegal possession of small arms and light weapons as a criminal offence under national law in their respective countries.
Botswana
In Botswana, the state law allows possession of shotguns and rifles only. The government has put a limit on the number of licenses issued every year – only 50 people can receive them, no matter how many apply, meaning that the acceptance rate is usually below 1%. Currently, 1.5 out of 100 persons possess registered
Chad
In Chad, the law on firearms passed in 1968 requires permit to own a firearm which must be renewed annually. This law does not specify any conditions that must be met to obtain a license except for tax stamp which must be paid, between 500 and 3000 CFA francs depending on type of firearm. In 2017, Chadian government raised 5 million francs from issuing firearm licenses. Currently, 0.01 and 0.06 persons out of 100 people possess firearm.
Ghana
Firearm law in Ghana allows the acquisition of shotguns and handguns. It requires that every firearm must be reregistered every year, however, this is widely ignored. Out of 1,230,000 people who legally bought a gun only 40,000 are reregistering their weapons every year. Unlike other African countries, handguns are popular in Ghana. For example, in Greater Accra Region 74.4% of people who legally acquired guns in 2020 chose revolvers, while 21% chose shotguns. In the Ashanti region 45.5% chose shotguns, while 21.5% chose revolvers.
Djibouti
In Djibouti, possession of firearms is generally prohibited except when the Head of State decides to grant a special license to a civilian, which is reportedly rare.
Eritrea
In Eritrea, firearms are completely prohibited for civilian use without exceptions.
Gambia
Only the government reserves the full discretion to issue gun license in Gambia, and not a right any civilian can claim.
South Africa
In South Africa, applicants must pass a competency test covering the specific type of firearm that is being applied for, and a test on the South African firearm laws. Once these tests are passed one needs to apply for a competency certificate, where the South African Police Service performs a background check and an inspection of the premises where the firearm will be stored. After both tests are passed and the respective certificates are awarded, one can then apply for a firearm license in categories ranging from self-defence to professional hunting.
Expert view
AbdulKareem AbdulRasak (Ph.D in view), a Kwara-based security analyst, when interviewed by The Informant247 pointed out that allowing civilians to carry arms would only increase the spate of violence.
He said, “Legalising firearms will not be in a country like ours, where we are still being underdeveloped. We call ourselves underdeveloped because we have virtually each of our social amenities in shortage. Even our security agencies are in shortage.
“Legalising firearms in a half illiterate country like Nigeria will be suicidal and if you legalize firearms, then we should be ready to get enormous crises. In a country like ours, we have not legalized firearms, we could have seen how crises have engulfed all entire part of the country.”
Expressing concern about people’s state of mind, he said, “In Nigeria where a lot of people are battling frustration, stress and psychological, it is suicidal to do that. You see penury and poverty walking in our streets. A country like ours should not legalize firearms. We should not even try it. The legalization of firearms will turn this country into a lawless country, a state of anarchy.”
He furthered, “Firearms have spirits in them, Those spirits are those we usually see in our security agents. The first spirit is because you are holding a firearm. You will rest assured and be fully assured of yourself. That, yes, you have arrived. That is the power of firearms. If we legalize it, that spirit will be in the minds of virtually everybody.”
He however concluded that a better economy is enough to ameliorate security tension in the country, saying, “Statistically, countries with good and profound economy have lesser security challenges.”