Members of the House of Representatives are seeking the withdrawal of President Muhammadu Buhari’s executive order for private individuals to surrender their guns.
They are urging the President to rescind the law following the adoption of a motion by the Green Chamber seeking to revoke the “executive order to remove, revoke and banish all firearms certificates and licences throughout the federation”.
According to the lawmakers, enforcing the order will expose citizens to danger and deny them self-defence.
The decision yesterday followed the adoption of a motion of urgent public importance moved by Nnenna Elendu-Ukeje (PDP, Abia), who said that while the President derives the power to issue Executive Order from Section 33(2) of the Constitution, the Order violates Section 44(1) of the Constitution.
She said: “Section 33(2) states that ‘A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies 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 – (a) for the defence of any p erson from unlawful violence or for the defence of property.
“Section 44(1) also states that ‘No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be a cquired compulsorily in any part of Nigeria, except in the manner and for the purposes prescribed by a law that, a mong other things – (a) requires the prompt payment of compensation.
“Having relied on this two sections of the constitution, I could put forward a strong constitutional argument to challenge the wisdom of that executive order.”
According to her, the main challenge in the fight against arm proliferation are porous borders. Border control should be tighter to prevent proliferation, she said.
Edward Pwajok (PDP, Plateau) noted that 99.9 per cent of legal owners of guns do not use them for killings or kidnapping.
He said: “This issue was reported wildly about the intervention, but there has not been comment from the government. With that, it is safe to assume that the executive order was signed by the President. We should err on the side of caution. My problem is that this policy is of over intelligence; is there research that the killings are done by those licensed to hold gun?
“Those who kill are the only ones with illegal weapons, someone with legal weapon will not kill. Ninety-nine point nine per cent of people with legal weapon will not kill. Why would the President ban the ownership of weapons.
“Mr. President and security agencies should go after unlicensed gun. A criminal will not apply for licence. This order does not have any purpose, it further incentivises criminals to have a field day.”
Abubakar Chika (APC, Niger) said: “Smaller thieves are afraid of going to some houses, thinking they have licensed guns. We should rather have recertification.
“I don’t have a gun, and there are people with guns around me. It helps in securing the environment.”
Alexander Adekola from Ekiti State said the executive order will make Nigerians vulnerable to attacks.
He said: “This executive order is to make everybody in Nigeria vulnerable. Are they saying people use them to kidnap or kill? No. It is the kidnappers and armed robbers that are using it without licence.”
Simon Arabo (Kaduna State) argued: “You cannot use an executive order to override a lawfully acquired weapon. If most of the weapons are being used illegally, it is for the security to go and tackle that; not for people who have theirs legally. I think that executive order, if it has been signed, should be overwritten.”
Mojeed Alabi (APC, Osun), however, supported the ban. He said the order would sanitise the process as the extant policy was shrouded in secrecy and fraud.
His words: “The police control the use of guns. The question we must ask is, what is the requirement of issuing gun licence? I have been victim of robbery. I have applied for a gun, and refused. I was asked to offer bribe. Why would some get, some would not.
“I will support the breakdown of the process for application as in order climes. I would love to have it discentralised. Why would some people have some would not? Let us have regulations brought before the House.”
The motion was unanimously adopted after a voice vote.
