We Hold Your Brief

Dear Counsel, Kindly, advice me on this issue. Our estate which is located in a valley, on the outskirts of Abuja, has only one point of access. Because of this peculiar situation, we have had serious security challenges, with frequent attacks on residents by armed bandits. We were compelled to engage the services of a security company, and the arrangement yielded results within a few weeks.

They arrested a group of six young men at about 2am with arms and ammunition, including cutlasses and iron bars. Two of them, were found to be residents of the estate. They would have been lynched, if not for the prompt intervention of one of the parents who called in the Police. These young men were handed over to the Police, with the arms and ammunition seized from them.

To our greatest surprise, they were released in a matter of days. In protest, we wrote a letter to the Area Command of the Police. They responded after a week, that the men were released because what they found was that, the arms and ammunition were mere fakes and toy guns. That they therefore, had no reason to charge them for armed robbery. We later found out that, the father of one of the boys went to the Police, and induced them to release they boys.

Please, shed some light on what the position of the law is, on possession of arms in a situation like this. L.E., Nyanya, Abuja.

Dear L.E., The interpretation of the Police on this relatively simple and straightforward situation, leaves a lot to be desired.

It could also be, because they don’t really have knowledge of this provision of the law.

The ROBBERY AND FIREARMS (SPECIAL PROVISIONS) ACT CAP. 398 LFN 1990 ACT CAP. R11 L.F.N. 2004, provides amongst others that :

Section 2(3) ‘Any person found in any public place in possession of any firearms, whether real or imitation, and in circumstances reasonably indicating that the possession of the firearms is with intent to the immediate or eventual commission by that person or any other person of any offence under Section 1 of this Act or under the foregoing provisions of this section, shall upon conviction under this Act be sentenced to imprisonment for not less than fourteen years, but not more than twenty years’.

It further provides at Section 3(1) thus: ‘Punishment for illegal possession of firearms (1) Any person having a firearm in his possession or under his control in contravention of the Firearms Act or any order made thereunder, shall be guilty of an offence under this Act, and shall upon conviction under this Act, be sentenced to a fine of twenty thousand naira or to imprisonment for a period of not less than ten years, or to both’.

Clearly, the Police is either operating in ignorance of this law, or they would not have simply taken things for granted. You did well, to have written to the Area

Command. One hopes that this will enlighten the relevant authorities, and security agencies.