It’s incorrect to say Nigerians have no right to bear arms – Falana

A Senior Advocate of Nigeria, Femi Falana, has faulted the Chief of Army Staff, Lieutenant General Taoreed Lagbaja’s statement on his disapproval for citizens to bear arms, saying it’s incorrect to say Nigerians have no right to bear arms. 

His comment came 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 in an interview on Channels Television.

But Falana reacted to the statement of the army chief in an interview on Channels Television’s Sunrise Breakfast on Wednesday.

Falana 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.”

When asked to clarify if the law allows for one to bear guns, Falana noted that one needs a gun licence.

He said, “But you are required to apply for the licence first.”

However, Falana called for caution regarding what the constitution mandates when it comes to self-defence.

Falana said, “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.

Recall that 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.

The lawmaker, who represented the Doguwa/Tudun Wada Federal Constituency of Kano State, said, “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.”

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.

The former governor of Ondo state, late Rotimi Akeredolu, had also called on the FG to allow officers of the Western Nigeria Security Network, codenamed Amotekun Corps, to bear arms.

Akeredolu said, “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.”

Another former governor who shared the same opinion on 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.

He said, “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.”

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.”