In the past couple of years, there has been an increase in criminal activities in Nigeria particularly in the Northern part of the country. These criminal activities include terrorist attacks, armed robbery, kidnapping and abduction for ransom, land grabbing, and the wanton killing and murder of persons.
This is despite the efforts of security forces like the Army and the Police to contain the situation. Between 2011 and 2022, 61,261 persons in Nigeria reportedly lost their lives due to the terrorist activities of Boko Haram (https://www.blueprint.ng/nigeria-ranks-second-globally-in-death-related-to-terrorism-expert/). The Armed Conflict Location and Event Data Project reports that in 2021, more than 2,600 civilians were killed by armed bandits (https://www.globalr2p.org/countries/nigeria/). In March this year, armed bandits attacked a train filled with passengers travelling from Abuja to Kaduna State. Eight people were killed during the attack, 26 persons injured and scores of persons abducted. Most of the persons abducted are still held hostage by their captors. This state of affairs has prompted calls from various quarters for citizens to bear arms to defend themselves.
Section 33 of the 1999 Constitution protects the human right to life. However, it also exempts from its purview the death of a person as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary inter alia for the defence of any person from unlawful violence or for the defence of property. Section 33 (2) (a) provides that a person in defence of life or property may act with such force as is necessary to repel attack notwithstanding that it leads to the death of the attacker. This provision may be viewed as permitting a person to defend himself by any means whatsoever including using firearms for that purpose. However, Section 33 (2) (a) also contains the phrase “in such circumstances as are permitted by law”. This means that a defence of life or property must be done in a manner permitted by law in order to fall under the exceptions where an attacker may be deprived of his right to life. Where the firearm used in self defence is licensed, the action is in accordance with the law but what happens if the firearm used is unlicensed?
The Firearms Act Cap F28 LFN 2004 is the law governing the possession of firearms in Nigeria. The Firearms Act expressly prohibits the possession of a firearm by anyone except where a license permitting that possession has been granted by the President, the Inspector-General of Police (IGP), or the Commissioner of Police in a State. There are also three categories of firearms that may be licensed by the different licensing authorities. The Commissioner of Police in a State is permitted to license only “muzzle-loading firearms” with the more sophisticated firearms to be licensed only by the President or IGP. Section 6 (1) of the Firearms Act provides that a licence to possess a firearm is not granted as of right and may be revoked by the licensing authority at any time. It is doubtful that a person possessing an unlicensed firearm may be covered under Section 33 (2) (a) of the 1999 Constitution if he uses that firearm in self defence. To solve this conundrum and to increase the capacity to exercise the Constitutional right of self-defence, the Firearms Act has to be amended. The amendment should provide that firearms may be issued as of right when the minimum criteria is met and the amendment should also expand the category of firearms that may be licensed by the Commissioner of Police in a State to include the type of weapons that can effectively repel attacks by terrorists and bandits.
While recommending the amendment of the Firearms Act to allow citizens bear sophisticated weapons, it must be noted that the State still has the primary responsibility for the protection of lives and properties. Section 14 (2) (b) of the 1999 Constitution provides that the security and welfare of the people shall be the primary purpose of government. An individual who is keeping arms for self defence should do so in order to complement the efforts of the government on security and not to replace the duty of the government. There is no country in the world where the security of lives and properties is borne primarily by the individual. The State is the main provider of security and where a government cannot perform the function of providing security for its citizens, the government has failed in its primary responsibility and should be replaced democratically. If everyone buys a firearm to defend themselves, there will be a proliferation of firearms in the community and that has its own negative consequences such as an increase in criminal activity and a breakdown of law and order.
Some other suggestions for tackling the rising insecurity is the proposal of a Constitutional amendment that allows for State Police. Presently, Section 214 (1) of the 1999 Constitution provides that “there shall be a Police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other Police force shall be established for the Federation or any part thereof”. The section prohibits the establishment of State Police. One of the arguments against State Police has been the fact that some States may be unable to pay the salaries of Police officers in their State and that too has its adverse security implications. While the arguments for and against State Police have been ongoing, some States in the country have taken the initiative and passed laws to set up regional security outfits to complement the work of the Police. In the South West, Amotekun was established in 2020 while in the South East, Ebube Agu was established in 2021. The success of these civilian militia has been limited as there are still reports of banditry and other criminal activities in the South West and South East States. In June 2022, there was an attack on parishioners during a church service at the St Francis Catholic Church, Owo, Ondo State. The attack left at least 40 people dead and at least a hundred injured.
Besides the amendment of laws, there is also need for an overhaul of the security architecture of the country and the strengthening of all components of the criminal justice sector. This effort should cover the prevention of crime through the use of intelligence services, the timely arrest and prosecution of criminals where crime is committed and enforcement of punishment of the offender including custodial punishments.
A new Police Act was passed in 2020 to reposition the Police to better perform its duties. One of the innovations in the Police Act 2020 is the concept of community policing. Section 113 (1) of the Act provides that for the effective and efficient policing of communities in a State, the Commissioner of Police of a State shall establish a Community Policing Committee which shall consist of representatives of the Police Force and the local communities in the State. Section 117 of the Police Act also provides that the duties of community policing officers shall include assisting the Police in crime detection and prevention and intelligence gathering and dissemination to the Police among other duties listed. While the efficiency in the Police Force needs to be enhanced, the provisions on community policy should be fully implemented to complement the work of the Police. The Nigerian Army also needs to be effectively present in areas with a high rate of terrorism and banditry because it has been reported that the criminals wield high-grade artillery and weapons which may be too sophisticated for the Police to engage in combat.
When investigations and arrests have been concluded, the prosecution of criminals on terrorism, banditry and related charges need to be done expeditiously. A speedy trial and conviction of such criminals help to achieve the objectives of punishment to the offender and deterrence to other members of the community. Section 396 of the Administration of Criminal Justice Act provides that criminal trials may be conducted on a day-to-day basis until the conclusion of the trial. Even if a day-to-day trial may seem impracticable considering the backlog of cases in the courts, the establishment of special courts to try terrorism and related offences may help to achieve the goal of an expedited trial and speedy dispensation of justice. There is also a need to fortify the security of custodial facilities that hold criminals such as terrorists and bandits. The recent jailbreak at the Kuje Custodial Centre, Abuja where persons held on terrorism charges escaped leaves much to be desired. It is a daunting task to investigate and make arrests on terrorism and related charges considering the skill and dangerous nature of the criminals involved. It is therefore important that such criminals, whether those awaiting trial or those already convicted, are held in maximum security custodial centres.
In conclusion, even though amending the law to permit everyone to bear arms for self defence may seem pragmatic in the current circumstances, a more concrete and lasting solution is the government taking charge of the dire and deteriorating state of affairs. The interest of the citizens is better served when the President and Commander-in-Chief of the Armed Forces, the Police Force and the Army rise up to their responsibility of ensuring the security of the lives and properties of Nigerians.