A Senior Advocate of Nigeria, Femi Falana, has condemned the Chief of Army Staff Lieutenant General Taoreed Lagbaja’s statement where he sounded his disapproval for citizens to bear arms following coordinated attacks on Plateau State during the Yuletide by assailants.
“I do not support that. I think that is a call for anarchy,” the Army chief said on Sunday on Channels Television’s end-of-year programme “2023: Year Of Transition”
In his reply to this, Falana on Wednesday during the Sunrise Breakfast show said “In the first place, it is not correct to say Nigerians have no right to bear arms, Apart from the fact that the penal code applicable in the North and the criminal code applicable in the South recognises the right to self-defence,”
“In the first place, we have to discuss the rights and proceed to examine the propriety.”
“In other words, if someone aims a gun at me, and I can quickly grab another gun, I have the right to shoot.”
Asked to clarify if the law allows for one to bear guns, the Senior Advocate replied in the affirmative however noting that one needs a gun licence.
“But you are required to apply for the licence first, “ he said
However, Falana sounded a note of caution as regards what the constitution mandates when it comes to self-defence
“I am just saying the right to self -defence which is also guaranteed by the constitution.
“All I am not allowed to do is not use a force that is not proportional to the threat.“
“In other words, If you are going to hit me with a cane I must not go for a gun which is not proportional,“ he said.
Calls For Right To Bear Arms
Falana’s support for the right to bear arms by citizens comes as several lawmakers and governors have also appealed to the Federal Government to allow its people to protect themselves from incursions by bandits and terror groups.
ln May, a former majority leader Alhassan Ado-Doguwa made a presentation on the floor of Nigeria’s House of Representatives, calling on the federal government to allow citizens to bear arms for self-defence.
“Nigerians at this moment should be allowed to take arms to defend their innocent souls, to defend their hard-earned resources and properties. Because it’s like a monumental failure,” said the lawmaker, who represented the Doguwa/Tudun Wada Federal Constituency of Kano State.
Ado-Doguwa made this remark on April 1 in reaction to the terrorist attack on the Abuja-Kaduna bound train days earlier, where up to 398 passengers were onboard.
Similarly, the former governor of Ondo state, Rotimi Akeredolu had called on the FG to allow officers of the Western Nigeria Security Network codenamed Amotekun Corps to bear arms
“If you can allow individuals to carry heavy arms to protect pipelines, why won’t you allow Amotekun to carry sophisticated weapons to protect the people? The oil facilities are not more important than the lives of the people,” he said.
Another former governor who shared the same opinion on the citizens obtaining arms to protect themselves was Zamfara’s Bello Matawalle who directed residents of the state to obtain guns to defend themselves against bandits who appeared to be ravaging the state.
“Government has henceforth, directed individuals to prepare and obtain guns to defend themselves against the bandits, as the government has directed the state commissioner of police to issue a license to all those who qualify and are wishing to obtain such guns to defend themselves,” a statement partly read
Stiff Opposition
Matawalle’s directive was met with stiff opposition by the then Chief of Defence staff, Lucky Irabor, who said “I do not think that is the right way to go, The basis for asking citizens to bear arms; I am yet to know I believe that the Attorney General of the Federation will look at the constitution, what the laws say and what the powers of the Executive governor are to be able to do with this.”
The Zamfara State chapter of the Peoples Democratic Party also opposed Matawalle’s directive to the people of the state saying it would only lead to anarchy.
“As peace-loving and law-abiding citizens, we fault Zamfara State and the Federal Government for shifting such constitutional responsibility to ordinary citizens,” a statement by the party’s representative read.