A Legal Inquiry into the Proliferation and Control of Small Arms in Nigeria

Pontian Okoli

doi:10.6000/1929-4409.2014.03.06

Abstract

The continual state of insecurity in Nigeria for several decades can be traced to a number of factors, including ethnic militias and religious fundamentalism. This article examines the extent to which such retrogressive phenomena are caused or fuelled by the proliferation of small arms in Nigeria. It examines the legal regime on small arms, non-legal but relevant societal issues and police powers as they concern the control of small arms proliferation in Nigeria. It argues that the extant legal regime is not robust enough to support any sustainable progress in this area. Also, it concludes that apart from a critical police overhaul and necessary municipal legislative action as influenced by international legal developments, practical policies and economic empowerment must be in place with a view to attaining sustainable development in the area of small arms control.

Highlights

The continual state of insecurity in Nigeria for several decades can be traced to a number of factors, including ethnic militias and religious fundamentalism
In modern history, apart from the civil war factor, which has been supported elsewhere (Vines, 2005: 358), armed robbers and the military played a pioneering role in the proliferation of small arms in Nigeria (Vines, 2005: 358)
The current realities of poor internal regulation must be factored in and as such, it is arguably more pragmatic to prevent small arms from coming in at all where possible rather than wait for a person to comply with internal regulations like completing “a prescribed form of declaration that his destination is within Nigeria but is in excess of twenty miles from the place of importation and that he will surrender such firearm or ammunition to a specified authority or at a public armoury at or near his destination in accordance with such declaration and with the terms or a permit for temporary possession thereof to be issued by the Inspector-General of Police” as provided in section 19(b) of the Firearms Act

Summary

Introduction

The continual state of insecurity in Nigeria for several decades can be traced to a number of factors, including ethnic militias and religious fundamentalism.

Results

Conclusion