If Zamfara State Governor Bello Matawalle has his way, the police will issue gun licences to any qualified resident who desires it for the purpose of self-defence against bandits and terrorists. Can he lawfully order the police to do so? Would that be helpful or worsen the already-dangerous security crisis in Zamfara? ROBERT EGBE examines the issue.
Guns, whether foreign or locally manufactured, do not seem to be too difficult to get, at least, in the Northwest states.
An October 2021 report by HumAngle stated that in Sokoto, for instance, a locally-manufactured handgun went for as little as between N3,500 and N5,000 while a medium-sized Dane Gun cost N7,000 upwards. A long hunting rifle costs nothing less than N25,000.
Last September 21, the Defence Intelligence Agency (DIA) told a public hearing organised by the House Committee on National Security and Intelligence on four security-related bills in Abuja that local gunsmiths had acquired the capacity to manufacture sophisticated rifles such as AK-47s, revolvers, pistols, and improvised explosive devices.
These form a small part of the two million small and light arms in the hands of non-state actors, as of 2017, according to a March 2017 research report by Oxfam titled “The Human Cost of Uncontrolled Arms in Africa”.
In October 2020, a geopolitical research firm, SBM Intelligence, published its report tagged, “Small Arms, Mass Atrocities and Migration in Nigeria”, putting the number of small arms in circulation in the hands of civilian non-state actors in the country at “an estimated 6,145,000, while the armed forces and law enforcement collectively account for 586,600 firearms.”
These arms and ammunition are the tools of choice for gunmen – whether terrorists, kidnappers or bandits – behind the daily kidnappings, murders, and all manner of attacks in several parts of the country.
By leveraging arms proliferation and ineffective security, they and other criminals killed no fewer than 2,968 persons and abducted 1,484 in the country from January to March 2022, according to data released by the Nigeria Security Tracker (NST).
NST, a project of the Council on Foreign Relations, gathers the data through “weekly surveys of Nigerian and international media.”
According to the data, more people – 1,103 – were killed in the Northwest than in other regions in the country.
Relying on similar data and more, the Global Terrorism Index 2020 report ranked Nigeria the third most terrorised country in the world.
Zamfara’s self-defence directive
One of the states most affected in the Northwest is Zamfara. Attacks in the state last year included the kidnapping of 279 secondary schoolgirls in Jangebe in February and the massacre of over 50 villagers in Zurmi in June.
From January 4 to 6, this year, over 200 people were killed by bandits in the state, in what was considered the deadliest terrorist attack in recent Nigerian history. About 10,000 were displaced in another attack the same week.
Nothing the Federal or State governments did – military campaigns, including aerial bombardments, amnesty, negotiations, telecommunications shutdown – seemed to work, rather the security situation deteriorated with whole communities at the mercy of night and day attacks.
On June 26, Governor Bello Matawalle had had enough. He directed residents of the state, particularly farmers, to acquire guns to defend themselves, among other measures to curb the problem.
He also directed the Commissioner of Police to issue licences to residents who are willing and qualified to obtain guns to defend themselves against the marauding terrorists.
Matawalle, in the statement by his Commissioner for Information, Ibrahim Dosara, said the government would distribute 500 forms to each of the 19 emirates in the state for those willing to obtain such self-defence weapons.
He said: “Government has henceforth, directed individuals to prepare and obtain guns to defend themselves against the bandits, as government has directed the state commissioner of police to issue a licence to all those who qualify and are wishing to obtain such guns to defend themselves.
“People must apply from the Commissioner of Police, licence to own guns and such other basic weapons to be used in defending themselves. A secretariat or centre will be established for the collection of intelligence on the activities of informants,” the statement reads.
The governor, a few days later, while inaugurating four committees to implement his administration’s anti-banditry strategies, acknowledged opposition to his directive, but affirmed it nevertheless.
“We are aware of misgivings expressed in some quarters regarding the new measures, particularly the decision to encourage members of the communities suffering almost daily from the inhuman aggressions of the bandits to acquire firearms to defend their communities.
“The acquisition and usage of firearms by members of the general public who desire to do so would be governed by the Firearms Act.”
Not a new call
Similar calls were made in the past by several other politically-exposed persons. A former Minister of Defence, General Theophilus Yakubu Danjuma (retd), was heavily criticised in March 2018 when he advised Nigerians to embrace the self-defence strategy against bandits he alleged were in bed with rogue elements of the armed forces.
Katsina State Governor Aminu Masari on December 29, 2021, urged residents of the state to arm themselves and confront bandits, arguing that the security officials were not enough to tackle insecurity in the state.
Benue State Governor Samuel Ortom also in the past advised his residents to obtain licences and arm themselves against the bandits.
Military kicks
Two days later in Abuja, the Military High Command rejected Matawalle’s directive.
Chief of Defence Staff, Gen. Lucky Irabor, said he did not see the basis for such a call.
Irabor said: “We do not take instruction from the state governments. We have a Commander-in-Chief. The constitution gives the right and powers to the C-in-C for the use of the armed forces and I believe what we’re doing in Zamfara State and across the states of the federation is not different to the provisions of the constitution.
“We’re there to give support to the civil authority in this case, the police. We’re there to ensure that peace returns to Zamfara. The governor does not have the power to ask the CP to issue licences. I’m yet to get the details, but I do not think that’s the right thing to do.”
He said the Federal Government, through the Attorney-General of the Federation, should be in a position to address the issue.
“I do not see the basis. My view is that the AGF will look at the constitution and what the constitution says. That’s the right way to go. The Armed Forces are in Zamfara, but beyond that, I believe there are legal issues that should be addressed using the instrumentality of the law to bring peace and security.
“I believe that the Federal Government, through the Attorney-General, should look at the details of the press release. If what I read is true, I do not believe that the governor has the power to instruct the CP to issue licences because the CP does not have the power to issue licences.
“As I said, the AGF will do much about it. We have the Armed Forces in Zamfara, military, police, NSCDC; but beyond that, I believe there are legal issues”, Irabor said.
Afenifere condemns call
The Yoruba socio-political organisation, Afenifere, condemned Matawalle’s self-defence call. It said asking residents to carry guns was not the solution to security challenges.
Implications of armed self-defence
The Peoples Democratic Party (PDP) in Zamfara also rejected Matawalle’s directive, saying it could lead to anarchy and political vendetta against opposition parties.
The state secretary of the party, Faruku Ahmed, said: “Security is everybody’s business, hence to secure the lives and property is the responsibility of the state and federal governments.
“As peace-loving and law-abiding citizens, we fault Zamfara State and the Federal Government for shifting such a serious constitutional responsibility to ordinary citizens majority of whom are struggling to meet their daily demands” Ahmed maintained
“It has been clear that the security agencies, groups and legal experts within and outside the state have opposed the firearms acquisition deal”.
Similarly, a group, the Concerned Northern Forum, opposed the governor, arguing that it would cause anarchy across the state.
Police, Firearms Act and gun licensing
In response to the directive, the Commissioner of Police in the Zamfara State Command, Ayuba Elkana, stated that the restriction on firearms was still in effect, adding that the Police had stopped issuing licences for gun ownership.
Elkana was referring to President Muhammadu Buhari’s 2019 executive order banning the issuance and renewal of firearms licence to private individuals.
Generally, possession of firearms is regulated by the Firearms Act of 2004.
Section 3 &4 of the Act provides that no one in Nigeria has the right to possess firearms such as guns unless a licence is granted by the President acting at his discretion or through the Inspector General of Police.
It states: “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.
“No person shall have in his possession or under his firearms control any firearm of one of the categories specified in Part II of the Schedule to this Act (hereinafter referred to as a personal firearm) except in accordance with a licence granted in respect thereof by the Inspector-General of Police, which licences shall be granted or refused in accordance with principles decided upon by the National Council of Ministers.”
Under Section 7, no one has a constitutional right to a gun licence.
It states that subject to the provisions of subsection (5) of Section 5 of the Act, “no person shall, as of right, be entitled to the grant of any licence or permit under this Act and the authority having the function of granting such licence or permit may without being bound to assign any reason, therefore, refuse the grant of such licence or permit or, subject to the provisions of any regulations made under section 33 of this Act, may impose such terms or conditions as he may think fit, and may revoke such licence or permit for such cause as he may consider appropriate.”
The Firearms Act is being considered for amendment by the National Assembly.
Who can’t get a licence?
Section 7 provides for categories of persons barred from getting a gun licence.
They are a person below 17, of unsound mind, with defective eyesight, of intemperate habits; that has during the previous five years been convicted of an offence involving violence or the threat of violence.
Can a governor lawfully direct the police to issue gun licenses?
Senior Advocate of Nigeria (SAN) Norrison Quakers, relying on Section 176(2) of the 1999 Constitution which provides that the governor of a state shall be the ‘Chief Executive of that state’ believes the powers of the governor of a state on firearms “is non-negligible when acting in concert with the Commissioner of Police of the state in question as it relates to ‘muzzle-loading firearms’.”
He notes also that Item 2 Part 1, Second Schedule of the Constitution – Exclusive Legislative List confers on the National Assembly the powers to legislate for the nation concerning arms, ammunition and explosives; “hence legislations can appropriately empower State Governors.”
Quakers reasoned that Matawalle was acting within the law when he announced that residents of his state can now apply to own gun licences.
He said: “The directive of the Governor of Zamfara State to citizens to apply to carry arms to defend themselves is to be viewed in the light of his powers when acting in concert with the Commissioner of Police of his State as it relates to ‘muzzle-loading firearms’.
“Unfortunately, it equally amplifies the abysmal scorecard of our leaders. Definitely, restraint has to be exercised to avoid a state of lawlessness which will ultimately compound the helplessness of the citizenry. This is amplified by the first major American gun control/ gun safety legislation recently signed by President Joe Biden to checkmate abuse possession of firearms.
“As highlighted herein, Section 7(1) Control of Small Arms and Light Weapons Act permits the Commissioner of Police of a State, with the consent of the Governor of the State to grant a license for the possession or control of a muzzle-loading firearm.
“In a similar vein, Section 5(1) Firearms Act Cap R.11 LFN 2004 provides that the Commissioner of Police of a State, with the consent of the Governor of the State in respect of the State or any part thereof, may by order prohibit the possession or control of any firearms of the categories specified in Part III of the Schedule to the Act, being- Dane guns, flint-lock guns and cap guns; all being unrifled and muzzle loading.”
Zamfara guns directive, evidence of govt failure, say SANs
Two other SANs, Prof. Ernest Ojukwu and Kunle Adegoke described the Zamfara State government’s directive for residents of the state to obtain guns to defend themselves against bandits as evidence of the government’s inability to protect life and property.
Ojukwu considered the order as “bold” and “lawful” but noted that it was evidence of failed governance.
He said: “It is a lawful directive as the government asked the citizens to obtain gun licences. It is also a sign of a failed governance and failed state to ask the citizens to arm themselves to defend themselves from terrorists and kidnappers.
“The Zamfara State government is bold to recognise the failure of governance and has taken the bold steps to make its citizen aware and protect themselves.
“I wish many other states in the same precarious security situation will take the bold steps of Zamfara to protect lives and properties.”
Lamenting the severity of the insecurity problem in the state, Adegoke warned that Nigeria was going the way of Syria or Sudan.
The Silk said: “It is unfortunate that we have reached this state security-wise. It is evidence of the failure of the government to provide security. We are descending into the state of nature.
“The directive by the Zamfara State Government is the outcome of the state’s inability to guarantee life and property. It shows that the federal security architecture has collapsed.”
Adegoke noted Zamfara’s lukewarmness to the idea of state police, which could have helped tackle the problem.
He added: “It is rather too late for the state government that did not support state police to claim responsibility for the provision of security. It has abandoned everyone to himself and God to us all.
“It is certain that we are all coming to this stage. The federal government has been making it unlawful for ordinary citizens to bear arms even in self-defence yet, it is unable to rein in terrorists it euphemistically calls bandits. I’m afraid we are descending to the state Syria and Sudan.”
WHO: Strict gun laws helpful
A 2012 World Health Organisation (WHO) report ‘Understanding and addressing violence against women’ advised countries to strengthen gun laws and reduce gun ownership as a way to tackle femicide – the murder of a woman.
It made the recommendation following research that consistently showed that increased ownership of firearms is generally associated with an increase in homicide.
Firearms possession by civilians in Africa
How do firearms regulations in Nigeria compare with those of its neighbours? Firearm licensing regulations vary widely in Africa. However, the majority of African countries maintain tight control over firearms. In West Africa, only Ghana and Senegal seem to have fairly relaxed gun licensing laws, while access to guns is also relatively relaxed in Southern Africa. The mood is, however, changing in South Africa.
South Africa: Push for stricter gun control
In South Africa, civilian possession of firearms is lawful but dependent on the fulfilment of several conditions, including obtaining a licence, under the country’s Firearms Control Act 60 of 2000.
However, gun-linked deaths are a problem and there is a growing push for tighter gun control laws in the country.
Research in South Africa has consistently shown that having access to a firearm is a major risk factor in intimate femicide. In her book Femicide in South Africa, Nechama Brodie indicates that more than 80 per cent of femicide victims attacked by their partner were ‘killed by a firearm injury, mostly from a single gunshot to the head or face … In three-quarters of these cases, the perpetrator is a legal firearm owner using a licensed weapon.’
Also, data generated by the police – Crime situation in the Republic of South Africa 12 months (April to March 2019-20) – and mortuary surveillance systems including from the National Injury Mortality Surveillance System, have consistently shown that firearms are the most commonly used weapons to commit murder and other violent crimes, such as carjacking and house robberies in South Africa.
Acting on these and more, the Civilian Secretariat for Police Services which serves as the technical advisory agency to the South African Minister of Police, last August initiated moves to have the Firearms Control Act amended to introduce more stringent firearm licensing measures. The proposed amendments seek to reduce the number of newly licensed firearms in circulation. If the amendments become law, it will no longer be possible to acquire a firearm licence for self-defence purposes.
Botswana: Only 50 can buy guns yearly
Botswana’s 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 one per cent. Currently, there are 34,550 (or 1.5 per 100 people) registered firearms.
CAR: Only 139 civilians have gun permits
Officially only 139 people have a permit to own firearms in the Central African Republic (CAR), mostly members of parliament. They are entitled to possess one 12-gauge shotgun and one 9mm automatic pistol.
Chad: Firearms licence is cash cow
The law on firearms passed in 1968 requires a permit to own a firearm in Chad which must be renewed annually. This law does not specify any conditions that must be met to obtain a license except for a tax stamp which must be paid, between 500 and 3000 CFA francs depending on the type of firearm.
In 2017, Chadian government raised five million francs by issuing firearm licences. meaning there are between 1,666 and 10,000 active firearm licenses in Chad or between 0.01 and 0.06 per 100 people.
Djibouti: Only Head of State can grant gun licence
Possession of firearms in Djibouti is generally prohibited except when special permits are granted in exceptional circumstances by the Head of State.
Eritrea: Firearms prohibited
Firearms in Eritrea are completely prohibited for civilian use without exceptions.
Eswatini: Gun ownership permitted
Permitted types of firearms in Swaziland are shotguns, revolvers, pistols and rifles. To obtain a licence one must get approval from the Local Chief’s council, Local Station Commander, Regional Administrator, Director of Crimes at Police Headquarters, Licensing Officer/Registrar of Firearms Registry, Licensing Board and lastly the Police Station Commander. Requirements include general standing in the community. The application acceptance rate was about 57 per cent as of 2002.
Gambia: Tight rein on gun ownership
The current law states that firearm licences are privileged in Gambia and authorities have full discretion in issuing them.
Ghana: Firearms ownership legal
The firearm law in Ghana allows the acquisition of shotguns and handguns (pistols and revolvers). It requires that every firearm must be reregistered every year.
Kenya: Strict gun laws
Gun regulation in Kenya is strict and is established by the Firearms Act (Cap. 114) of Kenya.
The country’s Chief Licensing Officer (CLO) has the discretion to award, deny, or revoke firearm licenses. Applicants must be 21 years of age or older, pass a stringent background check for criminal activity, mental health and domestic violence, and state genuine reason(s) for their need to privately own and carry a firearm. Checks are regularly repeated, with failure to pass resulting in the immediate revocation of the license. Once licensed to own a gun, no additional permit is required to carry a concealed firearm.
Lesotho: Long process for firearms ownership
Applicants for firearm possession must obtain a reference letter from the village chief or headman. It is later sent to local police stations for approval, then to district police for their approval, and then to the National Security Service for their final approval.
Liberia: Only hunting shotguns allowed
Liberia allows only possession of single-barrel shotguns for hunting purposes. Private security agencies are banned from arming their employees.
Mozambique: Gun ownership heavily restricted
There are no licensed firearm dealers in Mozambique, therefore any person wanting to obtain one must travel to a different country (usually South Africa), purchase guns, then return, surrender them to authorities and ask them to allow them to obtain them.
Namibia: Nine of 100 citizens own firearms
Namibia permits firearm ownership under license. Overall there are currently 200,100 registered firearms in Namibia or 9 per 100 people. The most popular types of firearms owned by civilians are pistols (46%), rifles (34%) and shotguns (24%).[162] Carrying unloaded concealed firearms in public is allowed.
Rwanda: Highly restricted
In 2019 Rwanda passed a new law dealing with firearm possession. It states that authorities have total discretion when determining whether persons can own firearms and can therefore deny applications without reason, even if someone met all requirements.
Senegal: Gun ownership rising
Applications for firearm licenses do not need to specify a reason but require a copy of identity card, criminal record, medical check-up, four photos, tax stamp and personality test. Gun ownership is very rare, however, numbers are on the rise. In 2016 Senegal police issued 1000 licenses while rejecting 250 (80% acceptance rate), compared to 456 in 2011.
Sierra Leone: Firearms ownership at govt discretion
In 2012 Sierra Leone legalised gun ownership after 16 years of a total ban being enforced. According to the act, authorities have discretion in determining whether persons have good reasons to own firearms.
Somalia: Firearms possession outlawed
A UN embargo enacted in 1992 prohibits the importation of any firearms into Somalia except for security forces. Similarly, the Somali government does not allow any domestic firearm production and it does not license any firearm shops, effectively outlawing the acquisition of firearms by civilians.
