Insecurity and Terrorism: Should Nigerians Own Guns?
For many Nigerians, the past few months have been many things but pleasant. Among the myriad of challenges bedeviling this country, insecurity takes the cap. Religious crises, land grabbing, terrorism, kidnapping, etc., have wreaked untold havoc on our polity and turned swathes of the country into a hellscape.
On Christmas Eve last year, like a few preceding ones, bloodthirsty Fulani bandits attacked villages in Bokkos Local Government, Plateau State. The coordinated attack spanned over 84 communities in Bokkos and Barkin-Ladi, where over 195 people were killed and 301 injured. 221 houses were also burnt down, leaving 29,350 Nigerians displaced. Some days after, on 24 January 2024, another attack involving schools, places of worship, and homes claimed the lives of 30 residents of Mangu local government area, Plateau. These attacks have been described as religiously motivated, targeting Christian-dominated areas and perpetrated by Muslim herders.
Residents reported that the attackers had dropped warning letters, which they informed the military about before the strikes. Also, these attacks often lasted about 12 to 24 hours, yet the security operatives only showed up once they were over. Stanley Kavwam, the Deputy National Publicity Secretary of the Middle Belt Forum, added that they placed 37 distress calls to security operatives while the attack lasted, yet no help was in sight. That’s why locals did not hesitate to allege that the military colluded with the perpetrators. In Stanley’s words, “There is no way the security can absolve itself from liability because [the insurgents] do announce before they come. They come in thousands. How could 1,000 people invade the local government area? And there are security agencies in all of those areas. How do they manage to pass, and how do they acquire their weapons?’’
The Chairman of the local Christian Association of Nigeria (CAN) chapter, Rev. Timothy Daluk, also accused the military of aiding the assailants. According to him, “The military are the ones allowing the Muslims to burn our houses in Mangu. They have chased away all the Christians in New Market, and the Muslims are allowed to do what they like.”
So, it’s unsurprising that several calls have favored arming local vigilante groups and private individuals in troubled regions. Two years ago, after a kidnapping event in Niger State, the Minister of Defence advised residents to “stop being cowards,” recommending that they defend themselves against bandits armed with sophisticated weapons. In the wake of the recent spate of violence in Plateau and assertions that soldiers are invading homes to disarm vulnerable villagers of what little weapons they have for their defense, the debate surrounding the possession of firearms in the clutches of private individuals has intensified.
But what is the law on possessing firearms?
The legal and policy framework on this subject could be more explicit. The extant laws of the federation do not protect any right to possess a firearm. The Constitution of the Federal Republic of Nigeria (CFRN) 1999 is entirely silent regarding the right to own or hold firearms. However, the lack of explicit provision regarding such a right does not translate to outright prohibition of firearm possession.
The Firearms Control Act №32 of 1959 cap. F28 (Laws of the Federation of Nigeria, 2004) is the extant law regulating firearms in Nigeria. The Act does not protect the right to possess firearms; instead, it provides in s.3 thus: “No person shall have in his possession or under his control any firearm of one of the categories specified in Part I of the Schedule hereto (hereinafter referred to as a prohibited firearm) except in accordance with a licence granted by the President acting in his discretion”. A similar provision in s.4 refers to firearms in the categories contained in Part II of the schedule.
In essence, whether or not citizens can own firearms is down to the whims and caprices of individuals in government whose interests may or may not be in question. If an uprising or conflict antagonizes or benefits a political officeholder or appointee, they could simply refuse to grant licenses, thus leaving citizens defenseless and at the mercy of the government. In s.7, the Act also provides that “notwithstanding the provisions of subsection (1) of this section, no licence or permit under the provisions of this Act shall be granted if… the applicant or holder of the licence:
- is under the age of seventeen;
- is of unsound mind;
- is not fit to have possession of the firearm in question on account of defective eyesight;
- is a person of intemperate habits;
- has during the previous five years been convicted of an offence involving violence or the threat of violence.”
The buying and selling of firearms or ammunition is also illegal except for licensed firearm dealers. The manufacturing or repair of firearms by any entity or person, except under a license from the Inspector-General of Police, is also expressly prohibited by s.23 to s.27 of the Firearms Control Act.
Therefore, any individual contravening the Act is liable to a maximum sentence of ten years in prison, as provided for in s.28 of the Firearms Control Act. In 2022, a new bill titled the Firearms Act (Amendment) Bill 2022 was presented to the Senate to bring Nigerian law in line with global standards and help further curtail the proliferation of illegal weapons and insecurity. This bill is, however, yet to be ratified.
Is legalizing guns a bad idea?
The state of insecurity has created a debate surrounding whether it is justified for the government to restrict the right to possession of firearms still if it cannot secure private citizens and curb the proliferation of illegal firearms in the hands of terror actors. Some Nigerians are now clamoring for the government to “legalize guns” if they can’t curb insecurity. And there comes a debacle!
The apparent benefit of such policy change would be that people can better defend themselves against terrorists, bandits, and other criminal elements. In a country plagued by insecurity, the ability to protect oneself and family is emerging as a desirable fundamental right. Such measures may also deter criminals from invading areas with armed resistance.
However, there are concerns in some quarters that legalizing or easing the route to possess firearms legally may exacerbate insecurity. Criminals could become emboldened, armed with a readily available excuse. Plus, private citizens without a prior inclination toward crime could see gun ownership as a new outlet for their frustrations. In countries like the United States, where gun ownership is a protected right, public shootings are still a frequent occurrence; that is, despite strong social safety nets and mature robust public institutions. Nigeria is worse off, and it is easy to predict a bigger public shooting endemic if we implemented a similar “free-for-all” weapons policy today.
So what do we do?
Nigeria must look at optimal solutions, including improving law enforcement, response times, intelligence gathering and coordination among security outfits, and stemming the import and exchange of illegal firearms. Stiffer firearm regulations like background checks and penalties for unlawful carrying will also go a long way. Bridging socioeconomic gaps among local populations, protecting host communities, and tackling poverty, unemployment, etc., are also important.
Finally, Nigerians should not be allowed to freely own guns because the public framework to manage this effectively is non-existent, and such a policy would cause more problems than it could conceivably resolve.
