A human rights lawyer, Malcolm Omirhobo has dragged
President Muhammadu Buhari and the Inspector General of Police (IGP) before a
Federal High Court in Abuja over their refusal to grant him licence to possess
assault rifles for self-defense.
He predicated his request for assault rife possession on the
claim that the Federal Government has failed to uphold its constitutional
obligation to protect life.
The lawyer is requesting the court for interpretation of
relevant sections of the Firearms Act, Criminal Code Act, and other relevant
laws as to whether it is lawful, legal, and constitutional for the 2nd
defendant (President) to refuse, fail or neglect to grant him licence to possess
an assault rifle for protection of his life and that of his family.
In the suit marked FHC/ABJ/CS/1078/2021, the plaintiff is
particularly seeking “A declaration that he and other Nigerian citizens are
entitled 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 rifles, General
Purpose Machine Guns (GPMG) and other sophisticated weapons, by means of
licensed firearms.
“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.”
The lawyer is specifically seeking a declaration that “it is
unlawful, illegal and unconstitutional for the 2nd defendant (President ) fo
refuse, fail and/or neglect to grant the plaintiff license to possess and own
an A6 147 Premium AK 47 Assault Rifle based on the Plaintiff’s application of
8/7/2021 which the 2nd Defendant received on 9/7/2021 to enable the Plaintiff
exercise his constitutional right to self-defense for protection life and
property.”
He also seeks the court’s declaration that it is unlawful,
illegal, and unconstitutional for the 6th to 16th defendants (36 states of
their Attorney-Generals) not to apply for firearms license from the 2nd and 4th
Defendants and the Commissioner of Police of their various States for the
protection of the lives and properties of Nigerian citizens within their
domain.
The plaintiff in the suit, Omirhobo, filed the suit on
behalf of himself and the Nigerian public.
Other defendants in the suit are the Minister of Defence,
Attorney General of Federation, (AGF), the 36 states, and their
Attorneys-General.
At Thursday’s proceedings, only Lagos, Ebonyi, Adamawa, Akwa
Ibom, and Edo were represented in court, while others sought adjournment in the
hearing of the suit.
However, Justice Ahmed Ramat Mohammed has fixed January 24,
2023, for hearing.
The Judge also ordered that the processes, including hearing notice, be served on the respondents that have not been served.
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