Insecurity: Lawyers Divided Over Call For Self-defence

The debate over self-defence, vigilante services, and the right of Nigerians to bear arms has elicited diverse reactions from legal professionals across the country.

In separate interviews the spoke of the propriety of the call by former Chief of Army Staff, General Theophilus Yakubu Danjuma and others that Nigerians should be allowed to carry arms to defend themselves from being killed by armed bandits and insurgents.

While some of them advocated for the liberalisation of gun ownership laws to empower citizens amidst rising insecurity, others cautioned against potential risks associated with widespread firearm access.

A Senior Advocate of Nigeria (SAN), Dr Abiodun Layonu, maintained that such a call must be approached with extreme caution and within the bounds of the law.

Layonu emphasised that while the Nigerian Constitution recognises the right to self-defence, it does not provide for the indiscriminate arming of citizens or vigilante groups without proper legal backing and oversight.

He stressed that any move to allow civilians to bear arms must involve a comprehensive legal framework, including licensing, regulation, and strict accountability measures to prevent misuse and escalation of violence.

Layonu warned that without such controls, the proliferation of weapons could lead to lawlessness, undermining national security rather than enhancing it.

Furthermore, he called on the government to prioritise strengthening formal security institutions and improving intelligence gathering, rather than resorting to what could become a dangerous shortcut.

Ultimately, Layonu maintained that while self-defence is a constitutional right, it must be exercised responsibly and within the legal framework to avoid compounding Nigeria’s security challenges.

On his part, Chief Solo Akuma (SAN) stated that he was not in support of such a call due to the current state of the country.

He argued that allowing citizens to bear arms could lead to disastrous consequences, particularly in a society where regulatory enforcement was weak and criminal elements could easily gain access to weapons.

Instead, he advocated for a more sustainable and controlled approach to security.

He called on the government to increase the number of policemen and, more importantly, to approve the establishment of state police.

This, he said, would bring security personnel closer to the people and ensure better protection

Akuma expressed concerns that while some responsible individuals might keep guns safely at home, others might carry them irresponsibly in public, potentially leading to increased violence and insecurity.

He cited the example of arms in the hands of herders, noting that instead of using them to protect livestock, they have allegedly been used to hunt human beings.

He maintained that arming the general population was not a viable solution to the country’s security challenges, and those efforts should be focused on reforming and strengthening existing security institutions.

An Abuja-based lawyer, Adeola Ashaolu, in his reaction, noted that there is a legal basis for self-defence in Nigeria.

According to him: “Section 33(2) (a) of the 1999 Constitution recognises the right to self-defence. It states that a person shall not be guilty of a crime if they use such force as is reasonably necessary to protect themselves or others from unlawful violence.

“The Criminal Code (Southern Nigeria) and Penal Code (Northern Nigeria) also provide for the defence of persons and property against unlawful harm or aggression.”

He further noted the conditions for lawful self-defence to be that, “the attack must be unlawful and imminent. The defensive force must be proportionate to the threat.

“The defender must not have provoked the attacker. Once the threat has ended, continued force becomes excessive and illegal”.

On the creation of Vigilance groups such as the Vigilante Group of Nigeria (VGN) and Amotekun Corps, he noted that they “operate under state laws or community arrangements.

“These groups are often recognised as community policing auxiliaries under various state laws, although they are not fully integrated into the Nigeria Police Force”.

On the ownership of a private gun for self-defence, Ashaolu noted that, “under the Firearms Act, Nigerians require a licence to own firearms.

“Licences are tightly controlled, and ownership of automatic weapons is prohibited.

“In practice, private citizens rarely receive gun permits unless politically connected or in private security.

“While Nigerians have a constitutional right to self-defence, the means to exercise that right—whether through vigilante groups or private gun ownership—must be carefully regulated.

“Public safety, accountability, and human rights protections must guide all reforms in this area”.

Also weighing in, David Adeyi, submitted that Nigerians possess a constitutional right to self-defence, which extends to bearing arms under certain conditions.

He said: “The current licensing system is skewed in favour of the wealthy and politically connected, leaving ordinary citizens vulnerable.

“The state’s failure to protect lives justifies citizens’ right to defend them, provided they meet legal requirements”.

Another lawyer, Chief Chinedu Obiekwe, while reacting, warned that liberalising gun ownership could exacerbate violence and crime.

“The Federal Government should strengthen the existing security frameworks rather than introducing more weapons into society.”