20th October, 2022
A human rights lawyer, Mr Malcolm Omirhobo, has prayed a Federal High Court, Abuja to grant him a licence to possess an assault rifle for self-defence.
The lawyer is also asking the court for an interpretation of relevant Sections of the Fire Arms Act, Criminal Code Act, and other relevant laws.
This is as to whether it is lawful, legal and constitutional for the government to refuse to grant him a licence to possess an assault rifle to protect his life and that of his family.
Omirhobo predicated his request for an assault rifle possession on the claim that the Federal Government has failed to uphold its constitutional obligation to protect lives.
In the suit marked, FHC/ABJ/CS/1078/2021, the plaintiff is particularly asking the court to allow him and other citizens to own rifles in order to defend themselves.
“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 and deprived of their rights to private and family life.
“They are also free to defend themselves as regards 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, by means of licensed firearms.
“A declaration that the refusal, failure and/or neglect of the defendants to abate the killings, kidnapping, abduction, destruction of property and the seizing of property of defenceless Nigerian citizens by heavily armed criminals with unlicensed AK 47 assault rifle and other sophisticated weapons is a breach of the social contract between the defendants and Nigerian citizens”, the lawyer averred.
He specifically asked the court for a declaration that it was unlawful, illegal and unconstitutional for the government to refuse to grant him a license to possess and own an AK 47 assault rifle based on his application of July 8, 2021.
He claimed that the president received his request on July 9, 2022, adding that the need to possess a firearm was to enable him to exercise his constitutional right to self-defence for the protection of his life and property.
He also asked the court for a declaration that it was unlawful, illegal and unconstitutional for the 36 states and their attorneys-general not to apply for firearms licences from the Inspector-General of police and the commissioners of police in their states.
This, he said was for the protection of the lives and properties of Nigerian citizens within their domain.
Omirhobo filed the suit on behalf of himself and the Nigerian public and is representing himself.
When the matter came up on Thursday before Justice Ahmed Mohammed, out of the 77 respondents, only Lagos, Ebonyi, Adamawa, Akwa Ibom and Edo states were represented by counsel in court.
The government of Imo sent a letter to the court asking for an adjournment on the grounds that its counsel had to appear at the Supreme Court at the same time.
Since there was no objection to the letter and application for adjournment, Justice Mohammed adjourned the matter until Jan. 24, 2023, for hearing.
The judge also ordered that hearing notices be served on all respondents that had yet to be served.