GUNS AND LICENSES: NIGERIAN FIREARMS ACT

GUNS AND LICENSES: NIGERIAN FIREARMS ACT

The Nigerian Fire Arms Act (1990) provides that no person shall have in his possession or under his control any firearm or ammunition except such person has a license from the President or from the Inspector General of Police.
It states further that no license or permit to carry fire arms should be granted to applicants under the age of seventeen; persons who are of unsound mind; persons not fit to have possession of the firearm in question on account of defective eyesight;
persons of intemperate habits or anyone who has during the previous five years been convicted of an offence involving violence or the threat of violence.
Except for licensed fire arm dealers, it is unlawful for anyone to buy or sell fire arms or ammunitions. The same goes for fire arm manufacturing, only the Inspector – General of police can grant a license to make and repair fire arms in Nigeria, however such persons must be duly documented and registered.
Anyone who has in their possession unlicensed firearms;  who imports or exports firearms or ammunition other than through prescribed ports or who manufactures, assembles, or repair of firearms and ammunition unlawfully shall be liable to a minimum sentence of ten years imprisonment.

The list of prohibited firearms as stated in the law includes: artillery, apparatus for the discharge of any explosive or gas-diffusing projectile; rocket weapons; bombs and grenades; machine-guns and machine-pistols; military rifles, namely those of calibres 7.62 mm, 9 mm., .300 inches and .303 inches; revolvers and pistols whether rifled or unrifled (including flint-lock pistols and cap pistols).
Personal fire arms are also prohibited including shotguns other than- automatic and semi-automatic shotguns; shotguns provided with any kind of mechanical reloading device; sporting rifles, air-guns, air-rifles or air-pistols and humane killers of the captive bolt type. Dane-guns, flint-lock guns and cap guns are also included in the list.

 The President if he thinks fit may at any time by proclamation prohibit the possession of or dealing in any firearms or ammunition, either throughout the Federation or in any part thereof, and either absolutely or except subject to such restrictions or conditions as may be specified.
Such proclamation from the President may require the surrender of firearms and ammunition within a specified time and to a specified authority, and any person neglecting to make such surrender, or being in possession of or dealing in any firearm or ammunition during the period that such proclamation is in force, shall be guilty of an offence and shall be liable to a penalty of one thousand naira or imprisonment for two years, or to both such fine and imprisonment.

The law allows for the establishment of rifle clubs on the condition that:
(a)  That any such rifle club shall be constituted having a president and a secretary, and shall have a committee formally elected by the club members;
(b) That all members subscribe to and are bound by a set of rules duly drawn up by the committee;
(c) That the secretary shall submit to the authorised police officer a copy of the club rules together with a memorandum requesting permission for club members to hold rifle practices setting forth-
 (i)  the name, age, address and occupation of each club member, and the official position held in the club by such member,
 (ii) the type of firearms intended to be used by the club,
(iii) a description of the type of practice intended to be held by the club,
(iv) the proposed venue of the club for such practices, and the times of such practices,
(v) the particulars of the ownership of any firearms belonging to the club, and of the licences to bear such firearms, or the source or sources from which it is intended to borrow firearms for the use of the club,
(vi) the name and address, and the qualifications, of a club member or associate nominated by the club committee to be the person responsible for the observance of the safety rules laid down by the club committee, or by the authorised police officer during any rifle practices held by the club,
 (vii) the manner of safeguarding all firearms belonging to the club during the periods that such firearms are not in use by club members,
 (viii) the method of transportation of such firearms to the venue of any rifle practice.
(d) That no rifle practice shall be held without the permission of the authorised police officer and unless such restrictions, terms and conditions as he may think fit are complied with.

Adedunmade Onibokun Esq.
ADVANCE FEE FRAUD

ADVANCE FEE FRAUD

The Advance Fee Fraud and other Fraud Related Offences Act of 2006 is “An Act to Prohibit and punish certain offences pertaining to Advance Fee Fraud and other fraud related offences and to repeal other Acts related therewith.”

The law provides that any person who by any false pretence, and with intent to defraud obtains, from any other person for himself or any other person; induces any other person to deliver to any person; or obtains any property, whether or not the property is obtained or its delivery is induced through the medium of a contract induced by the false pretence, commits an offence under this Act.

The basis of the law is to prevent obtaining from others by false pretence and it does not matter whether the victim is in Nigeria or anywhere in the world. As long Mr A induces Mr C to confer a benefit on him by false pretence, Mr A will be liable under this act for committing the offence. It is also very important to note that anyone found guilty of this offence is liable on conviction to imprisonment for a term of not more than 20 years and not less than seven years without the option of a fine (Section 1, Advance Fee Fraud and other Fraud Related Offences Act of 2006).

Section 2 of the Law also provides that people found guilty of money doubling i.e. people who with intent to defraud claim to be able to produce currency by washing paper in chemicals or through any invocation of juju and scientific means shall be liable on conviction to imprisonment for a term not more than 15 years and not less than five years without the option of a fine. This also includes anyone who gives out his property to be used for such purposes.

Conducting unlawful financial transactions is also an offence under this act and if the offender is a financial or corporation shall be liable to a fine of One Million Naira and where the financial institution or corporate body is unable to pay the fine, its assets to the value of the fine shall be confiscated and forfeited to the Federal Government; or in the case of a director, secretary or other officer of the financial institution or corporate body or any other person, to imprisonment for a term, not more than 10 years and not less than five years.

When as a result of negligence, or regulation in the internal control procedures, a financial institution fails to exercise due diligence as specified in the Banks and Other Financial Institutions Act, 1991 as amended or the Money Laundering (Prohibition) Act, 2004 in relation to the conduct of financial transactions which in fact involve the proceeds of unlawful activity- the financial institution commits an offence and is liable on conviction to refund the total amount involved in the financial transaction and not less than N100.000 sanction by the appropriate financial regulatory authority; a director, secretary, employee or other staff of the financial institution who facilitates, contributes or otherwise is involved in the failure to exercise due diligence as stipulated under this section, commits an offence and is liable on conviction to imprisonment for a term not less than three years and may also be liable to be banned indefinitely for a period of three years from exercising the profession which provided the opportunity for the offence to be committed.

The law in Section 12 also aims to regulate the practice of companies who conduct services by email or online, such companies shall be required to obtain from the customer or subscriber their full names; residential address, in the case of an individual; corporate address, in the case of corporate bodies and any customer or subscriber who- fails to furnish the information specified; or with the intent to deceive, supplies false information or conceals or disguises the information required under this section, commits an offence and is liable on conviction to imprisonment for a term of not less than three years or a fine of N100,000.Such companies, who fail to comply with the provisions of the law commits an offence and is liable on conviction to a fine of N100, 000 and forfeiture of the equipment or facility used in providing the service.

in addition, the law confers jurisdiction on the Federal Capital High Court and the State High Courts to try such alleged offenders.

Adedunmade Onibokun Esq.
@adedunmade