By Ken Afor
Femi Falana, a Senior Advocate of Nigeria (SAN), has criticized Lieutenant General Taoreed Lagbaja, the Chief of Army Staff, for his statement opposing the right of citizens to bear arms.
Falana argues that it is inaccurate to claim that Nigerians do not have the right to bear arms.
It would be recalled on Christmas Eve and days after, some unknown gunmen laid siege in communities in Bokkos and Mangu Local Local Government Areas (LGAs) in Plateau State and killed more than 200 persons.
This elicited reactions from prominent Nigerians calling for the government to take drastic actions against this menace.
While others have blamed the government for their lackluster footing, some were of the opinion that Nigerians should take up arms for self defence. This has been the debate since the escalation of arm banditry in the north west and north central.
Meanwhile, reacting to the call for Nigerians to bear arms, General Lagbaja who opposed the idea said it would create anarchy in the country.
“I do not support that. I think that is a call for anarchy,” the Army chief said
However, Falana who responded to the army chief’s statement in an interview on Wednesday, said that the penal code recognises the right for Nigerians to defend themselves when the need arises.
His words, “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.”
Falana emphasized that in order to possess firearms, it is imperative to obtain a valid gun license when questioned about the legality of bearing guns. He said, “But you are required to apply for the licence first.”
Nevertheless, Falana emphasized the importance of exercising prudence when considering the constitutional provisions pertaining to self-defense.
He said, “I am just saying the right to self -defence which is also guaranteed by the constitution.
“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.
It is worth noting that Falana’s endorsement of citizens’ right to possess firearms coincides with numerous lawmakers and governors urging the Federal Government to grant its citizens the ability to safeguard themselves against banditry and terrorist activities.
It would be recalled in May, Alhassan Ado-Doguwa, a former majority leader who represented the Doguwa/Tudun Wada Federal Constituency of Kano State, delivered a speech on the floor of Nigeria’s House of Representatives, urging the federal government to grant citizens the right to possess firearms for self-defence.
Ado-Doguwa 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.”
On April 1, Ado-Doguwa expressed his thoughts regarding the recent terrorist attack on the Abuja-Kaduna-bound train, which had approximately 398 passengers on board.
Also, the late Rotimi Akeredolu, former governor of Ondo state, had previously urged the federal government to grant the Western Nigeria Security Network, known as Amotekun Corps, the authority to carry firearms.
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.”
Similarly, Bello Matawalle, a former Governor of Zamfara State who is currently the Minister of State for Defence, held a viewpoint regarding citizens acquiring firearms for self-defence.
He urged the residents of the state to arm themselves in order to safeguard against the bandits who seemed to be causing havoc in the region.
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.”
His opinion was utterly countered by the former 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.”
