— Says Presidential Proclamation Should Set out Clearly, Areas
Covered By The ‘No Fly’ Zone In Zamfara
![image](/2020/10/lawreport.jpg")
Alliance on Surviving Covid 19 and Beyond (ASCAB), has called on
the President of the Federal Republic of Nigeria, General Muhammadu
Buhari to make a proclamation barring the used of AK-47 and other
dangerous weapons.
![image](/2021/01/payne-alex.jpg")
The group also asked Buhari to order the police and other
security agencies to go after any person terrorizing unarmed
citizens with these weapons.
The interim chairman of the group, Femi Falana SAN, made this
remark on Tuesday stating that prohibition of firearms requires a
Presidential proclamation.
Recall that in August 2020, the Inspector General of Police,
Mohammed Adamu had ordered Commissioners of police across Nigeria
to “identify, isolate, disarm, arrest and prosecute” individuals or
groups found in possession of prohibited firearms.
According to the statement by the Learned Silk, made available
to TheNigerialawyer, for some undisclosed reasons, the directive of
the Inspector-General of Police was ignored by respective Police
Commissioners. Hence, the proliferation of prohibited
firearms has been on the ascendancy
He said: “To compound the crisis of insecurity in the country,
some highly placed public officers have stated that herders are
entitled to arm themselves with AK rifles without
license.
“However, a presidential media aide, Mr. Garba Shehu announced
last week that President Buhari had directed “security forces to go
into the bushes and shoot whoever they see with sophisticated
weapons like AK-47. He ordered that whoever is seen with terrible
weapons at all should be shot immediately.”
Since the President has deployed the armed forces in the
northeast and northwest regions to wage a war on terror and
banditry it is implied that AK 47 bearing criminal elements in
the”bushes” would be killed in view of the violent attacks
unleashed by them on unarmed citizens including children.
“To that extent, the presidential directive on “shoot on sight”
was uncalled for. No doubt, some people have questioned
the order prohibiting the illegal possession of arms and ammunition
on the ground that it was not made directly by the President.
Others have said that the order of the President does not cover
other criminally minded people armed with AK 47 rifles and other
dangerous weapons operating outside the”bushes”.
“In fact, the members of the Zamfara State House of Assembly
have condemned the selective imposition of a “No Fly” Zone on the
State alone when arms and ammunition are equally supplied by
helicopters to the terrorists and bandits operating in the
northeast and northwest regions.
He also added that It is pertinent to point out that it is the
prerogative of the President to prohibit the possession of or
dealing in any firearms or ammunition without authorisation. But
such Prohibition has to be expressly outlined in a Proclamation
made by the President.
“For the avoidance of doubt, Section 35 of the Firearms
Act Cap Laws of the Federation of Nigeria, 2004 provides that “The
President, if he thinks fit, may at any time by proclamation
prohibit the possession of or dealing in any firearms or
ammunition, either throughout the Federation or in any part
thereof, and either absolutely or except subject to such
restrictions or conditions as may be specified.
“We are therefore compelled to call on President Buhari to make
a Proclamation authorizing the Police and other security forces to
disarm, arrest and prosecute criminal elements and gangs who are
terrorizng unarmed citizens with AK 47 rifles and other dangerous
weapons in accordance with the provisions of the Firearms Act and
the Robbery and Firearms (Special Provisions) Act.
“The Proclamation should also set out the areas that are covered
by the “No Fly” Zone with a view to stopping further supply
of weapons to terrorists, bandits and kidnappers operating in some
states of in the north east and north west regions.
“However, since the offence of illegal possession of arms and
ammunition does not attract the death penalty the President may
wish to propose amendments to the Firearms Act and the Robbery and
Firearms (Special Provisions) Act. Armed Robbery Act,” added
Falana SAN.
— Says Presidential Proclamation Should Set out Clearly, Areas
Covered By The ‘No Fly’ Zone In Zamfara
Alliance on Surviving Covid 19 and Beyond (ASCAB), has called on
the President of the Federal Republic of Nigeria, General Muhammadu
Buhari to make a proclamation barring the used of AK-47 and other
dangerous weapons.
The group also asked Buhari to order the police and other
security agencies to go after any person terrorizing unarmed
citizens with these weapons.
The interim chairman of the group, Femi Falana SAN, made this
remark on Tuesday stating that prohibition of firearms requires a
Presidential proclamation.
Recall that in August 2020, the Inspector General of Police,
Mohammed Adamu had ordered Commissioners of police across Nigeria
to “identify, isolate, disarm, arrest and prosecute” individuals or
groups found in possession of prohibited firearms.
According to the statement by the Learned Silk, made available
to TheNigerialawyer, for some undisclosed reasons, the directive of
the Inspector-General of Police was ignored by respective Police
Commissioners. Hence, the proliferation of prohibited
firearms has been on the ascendancy
He said: “To compound the crisis of insecurity in the country,
some highly placed public officers have stated that herders are
entitled to arm themselves with AK rifles without
license.
“However, a presidential media aide, Mr. Garba Shehu announced
last week that President Buhari had directed “security forces to go
into the bushes and shoot whoever they see with sophisticated
weapons like AK-47. He ordered that whoever is seen with terrible
weapons at all should be shot immediately.”
Since the President has deployed the armed forces in the
northeast and northwest regions to wage a war on terror and
banditry it is implied that AK 47 bearing criminal elements in
the”bushes” would be killed in view of the violent attacks
unleashed by them on unarmed citizens including children.
“To that extent, the presidential directive on “shoot on sight”
was uncalled for. No doubt, some people have questioned
the order prohibiting the illegal possession of arms and ammunition
on the ground that it was not made directly by the President.
Others have said that the order of the President does not cover
other criminally minded people armed with AK 47 rifles and other
dangerous weapons operating outside the”bushes”.
“In fact, the members of the Zamfara State House of Assembly
have condemned the selective imposition of a “No Fly” Zone on the
State alone when arms and ammunition are equally supplied by
helicopters to the terrorists and bandits operating in the
northeast and northwest regions.
He also added that It is pertinent to point out that it is the
prerogative of the President to prohibit the possession of or
dealing in any firearms or ammunition without authorisation. But
such Prohibition has to be expressly outlined in a Proclamation
made by the President.
“For the avoidance of doubt, Section 35 of the Firearms
Act Cap Laws of the Federation of Nigeria, 2004 provides that “The
President, if he thinks fit, may at any time by proclamation
prohibit the possession of or dealing in any firearms or
ammunition, either throughout the Federation or in any part
thereof, and either absolutely or except subject to such
restrictions or conditions as may be specified.
“We are therefore compelled to call on President Buhari to make
a Proclamation authorizing the Police and other security forces to
disarm, arrest and prosecute criminal elements and gangs who are
terrorizng unarmed citizens with AK 47 rifles and other dangerous
weapons in accordance with the provisions of the Firearms Act and
the Robbery and Firearms (Special Provisions) Act.
“The Proclamation should also set out the areas that are covered
by the “No Fly” Zone with a view to stopping further supply
of weapons to terrorists, bandits and kidnappers operating in some
states of in the north east and north west regions.
“However, since the offence of illegal possession of arms and
ammunition does not attract the death penalty the President may
wish to propose amendments to the Firearms Act and the Robbery and
Firearms (Special Provisions) Act. Armed Robbery Act,” added
Falana SAN.