Lawyer sues Buhari over executive order prohibiting gun licensing

Malcolm Omirhobo, a human rights lawyer, has sued President Muhammadu Buhari for prohibiting the licensing of firearms to Nigerians.

The lawyer says Buhari’s 2019 executive order placing a ban on the issuance and renewal of firearms licence to private individuals is in violation of citizen’s right to protect themselves when faced with danger.

Citing the prevalent insecurity in the country, he said the staff strength of the Nigerian armed forces “put together is not enough to police Nigeria as a country”.

Omirhobo said the Nigerian armed forces are “facing lean resources and overstretched manpower without adequate logistic operational support”.

He said the order revoking the license of Nigerian citizens who own guns “has created a big chasm and/or vacuum in security network of the country”.

The lawyer, therefore, prayed the court for an order “annulling the 2nd Defendant’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 1/6/2019 to date”.

He is also seeking an order compelling the renewal of “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 safeguard 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 prayed the court to expunge “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 2nd defendant (Buhari) the discretion to grant and revoke gun licenses of Nigerian citizens, at his own whims and caprices”.

Other defendants in the suit include the Federal Government of Nigeria, the attorney-general of the federation, the inspector-general of police, the minister of defence, all state governments, and their attorneys-general.