Sat. Oct 23rd, 2021

Insecurity: Lawyer Sues FG, Others For Failure To Grant Him Firearms License

Chief Malcom Emokiniovo Omirhobo Esq

Insecurity: Lawyer Sues FG, Others For Failure To Grant Him Firearms License 

A Nigerian lawyer cum activist, Chief Malcom Emokiniovo Omirhobo, has instituted a suit before the Federal High Court Abuja, against the country’s government, over alleged failure to grant him permission to bear AK-47 rifle.

Chief Omirhobo in the suit numbered  FHC/ABJ/CS/1079/2021, which he is suit for himself and on behalf of all Nigerians, listed the federal government of Nigeria; the President of the Federal Republic of Nigeria; Nigeria’s Attorney-General of the Federation; Nigeria’s Inspector-General of Police and the country’s Honourable Minister of Defence, as first to fifth defendants. 

The suit also has all the country’s 36 States government and their Attorney-Generals as the sixth to 77 defendants.

The lawyer stated that his application is seeking the interpretation and or construction of Sections 3, 4, 5 (1)(2)(3)(4), 6 (1)(2)(a)(b)(c)(d)(e), 32, 33 and 35 of the Firearms Act Cap. F28 Laws of the Federation, 2004; Sections 281, 282, 286 and 287 of the Criminal Code Act, Laws of the Federation 2004; Sections 40, 45, 46 and 47 of the Penal Code Act, Laws of the Federation 2008 and Section 1 (1)(3), 4(1)(2)(3), 4(8), 5(1)(a)(b), 6(1)(6)(b), 33(1)(2)(a)(b), 34(1)(a), 35(1),  36, 37, 40, 41, 43, 251 (p) (q) (r) AND 315(3) of the 1999 Constitution of the Federal Republic of Nigeria (As amended) Vis a Vis the right of Nigerian citizen to keep and bear armsfor the preservation of life, liberty and property. 

Chief Omirhobo in his suit which is supported with 123 paragraphs affidavit, is seeking an order annulling the President’s Executive Order and or proclamation revoking, prohibiting and/or banishing Nigerian Citizens firearm or shotgun License certificates throughout the Federal Republic of Nigeria with effect from June, 2019 to date.
 He is also asking for an order compelling the President and IGP with all the Commissioners of police in Nigeria to renew all expired gun licenses upon application of all Nigerians, who are qualified to retain their gun licenses to enable them exercise their rights to self defence and safe guard their fundamental rights as enshrined and guaranteed by the Nigerian constitution  from the attacks  of heavily and well armed criminals with AK 47, General Purpose Machine Guns (GPMG) and other sophisticated weapons .  

The lawyer cum activist also asked the the court for an order compelling the President and IGP with all the  Commissioner of Streets, Schools, vigilante groups, security networks (operation Amotekun, operation Ebubeagu and Delta Hawk) and all the State governments, who are in the eyes of the law qualified license to bear fire arms upon application, to enable them exercise their constitutional right to self defence for the protection of their life and property and the safeguard of their  fundamental rights as enshrined and guaranteed by the Nigerian constitution  from the attacks of heavily and well  armed criminals with AK 47, General Purpose Machine Guns (GPMG) and other sophisticated weapons.
 He also asked for the following: “An order compelling the President to grant him license to possess and own an A6 147 Premium, AK-47 Assault Rifle based on his application of July 8, 2021, which the President received on  July 9, 2021, but failed, refused, and/or neglected to act on, to enable him exercise his constitutional right to self defence for the  protection of his life, family and property and also for the  safeguard of his fundamental rights as enshrined and guaranteed by the Nigerian constitution in the face of the high level of  insecurity ravaging Nigeria and the inability of the defendants to meet up with their primary responsibility as per the social contract between the government and Nigerian citizens of protecting the life and property of Nigerian citizens from the attacks of heavily and well armed criminals with AK 47, General Purpose Machine Guns (GPMG) and other sophisticated weapons. 

“An order expunging those part of the provisions of Sections 3, 4, 5,  (1)(2)(3)(4), 6 (1)32, 33, and 35 of the Fire Arms Act, Laws of the Federation, 2004, which gives the President the discretion to grant and revoke gun licenses of Nigerian citizens, at his own whims and caprices, that empowers him to amend any part of the schedule to the Firearms Act in usurpation of the powers of the National Assembly to make laws and empowers him to be the final arbiter acting in his discretion to take final decisions on appeals of disputes between authorities having the function of granting license and the Nigerian public and thereby usurping the judicial powers of the Nigerian court and ousting her jurisdiction for being  inconsistent with the provisions of Sections 1 (1)(3), 4(8), 6(1)(6)(b), 33(1)(2)(a)(b), 34(1)(a), 35(1), 36, 37,  43, 251 (p) (q) (r) and 315(3) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and therefore improper, illegal, unlawful, unconstitutional null and void. 

Also Chief Omirhobo asked the court for the following declarations: “A declaration that the 1999 Constitution of the Federal Republic of Nigeria (As Amended), is the grund norm of Nigeria and its provisions have binding force on all authorities and persons throughout Nigeria including the Defendants their servants, agents and or privies and that any executive or administrative action or law that is inconsistent with the provisions of the Nigerian constitution, the constitution shall prevail and that such executive or administrative action or law shall to the extent of the inconsistency be null and void and of no effect whatsoever.

“A declaration that the killings, raping, sodomizing, extorting, kidnapping, abduction brutalization, dehumanization, debasement, destruction of property, the restriction of the freedom of movement and right of residence, freedom of peaceful assembly and association, family and private life and the seizing of property of defenceless Nigerian citizens by heavily armed criminals with unlicensed AK-47 Assault rifle, General Purpose Machine Guns (GPMG) and other sophisticated weapons is a violation of these rights and  unlawful violence against Nigerian citizens and therefore illegal, unlawful and unconstitutional.

“A declaration that the refusal, failure and/or neglect of the defendants to abate the killings, raping, sodomizing, extorting, kidnapping, abduction, brutalization, dehumanization, debasement, destruction of  property, the restriction of the freedom of movement and right of residence, freedom of peaceful assembly and association, family and private life and the seizing of property of defenceless Nigerian citizens by heavily armed criminals with unlicensed AK-47 Assault rifle, General Purpose Machine Guns (GPMG) and other sophisticated weapons is a breach of the social contract between the Defendants and Nigerian citizens.
 “A declaration that himself and other Nigerian Citizens are entitle to defend themselves against unlawful violence of being killed, raped, sodomized, extorted, kidnapped, abducted, brutalized,  dehumanized, debased, deprived of their  rights to private and family life, freedom of movement, right of residency, peaceful assembly and association and protection of their property from  the attacks of heavily armed criminals with AK 47 Assault rifle, General Purpose Machine Guns (GPMG) and other 

“A declaration that the provisions of the Firearms Act that gives the President the discretion to grant and revoke gun licenses of Nigerian citizens at his own whims and caprices is inconsistent with the provisions of the Nigerian Constitution and therefore improper, illegal, unlawful, unconstitutional null and void to the extent of the inconsistency.    

“A declaration that the provisions of the Firearms Act that empowers the President to amend any part of the schedule to the Firearms Act in usurpation of the powers of the National Assembly to make laws is inconsistent with the provisions of the Nigerian constitution and therefore  improper , illegal, unlawful, unconstitutional null and void to the extent of the inconsistency.    

“A declaration that the provisions of the Firearms Act that empowers the President to be the final arbiter acting in his discretion to take final decisions on appeals of disputes between authorities having the function of granting license and the Nigerian public, thereby depriving Nigerians of their rights to fair hearing and usurping the judicial powers of the Nigerian court and ousting his jurisdiction is inconsistent with the provisions of the Nigerian constitution and therefore improper, illegal, unlawful, unconstitutional null and void to the extent of the inconsistency.    

“A declaration that it is unlawful, illegal and unconstitutional for the President to refuse, fail and/or neglect to grant him license to possess and own an A6 147 Premium, AK-47 Assault Rifle based on his application of July 8, 2021, which the President received on July 9, 2021 to enable him exercise his constitutional right to self defence for the protection of his life, family and property and also for the  safeguard of his fundamental rights as enshrined and guaranteed by the Nigerian constitution in the face of the high level of insecurity ravaging Nigeria and the inability of the defendants to meet up with their primary responsibility as per  the social contract between the federal government and its citizens to  protect their lives and properties from the attacks of heavily and  well armed criminals with AK-47, General Purpose Machine Guns (GPMG) and other sophisticated weapons. 

“A declaration that it is lawful, legal and constitutional for all State Government not to apply for fire arms license from the President; IGP and the Commissioner of Police of their various States for the  protection of the lives and properties of  Nigerian citizens within their domain and also for the safeguard of their  fundamental rights as enshrined and guaranteed by the Nigerian constitution in the face of the high level of  insecurity ravaging Nigeria and the inability of the Federal government to meet up with its  primary responsibility as per the social contract between the federal government and its citizens to  protect their  lives and properties from the attacks of heavily and well armed criminals with AK-47, General Purpose Machine Guns (GPMG) and other sophisticated weapons. 

While none of the defendants has filed any counter to the suit, no date has been fixed for it’s hearing.