A human rights lawyer, Malcolm Emokiniovo Omirhobo has filed a lawsuit towards President Muhammadu Buhari for refusing to licence and grant him and different Nigerians permission to bear AK-47 assault rifles to defend themselves towards any assault by Fulani terrorists and bandits.
In the swimsuit with quantity: FHC/ABJ/CS/1078/2021 filed on Friday, September 17, 2021, earlier than the Federal High Court in Abuja and obtained by SaharaReporters, the lawyer is searching for an order of the court docket compelling the President and different related licensing authorities to grant him and all Nigerians permission and licences to bear arms for self-defence towards assaults by bandits.
He mentioned AK-47 rifles shouldn’t solely be restricted to members of the Armed Forces.
According to him, Nigerian residents also needs to be allowed to bear the weapon for proportionality of power.
The plaintiff contended that the Firearms Act violated the basic rights of Nigerians to life, to personal properties, to motion, and proper to household and private life.
He acknowledged, “That the Nigerian Constitution gives every Nigerian the right to defend their fundamental rights listed above from unlawful violence.
“That in collaboration with the Nigerian Constitution, each the Criminal Code Act and Penal Code Act give each Nigerian citizen the best to self-defence by making use of the usage of
such power as they imagine on affordable grounds to be crucial with a view to forestall their basic rights to life, dignity of the human particular person, private liberty, non-public and household life, peaceable meeting and affiliation, freedom of motion, and proper to personal moveable and immoveable property from illegal violence.
“That for the past 12 years, Nigeria has been faced with violent crimes ranging from killings, bloodletting, kidnapping, arson, rape, armed robbery/banditry, cultism, highway robbery, hijacking, abductions, suicide bombing, ethnic cleansing, communal clashes, ritual murders, human trafficking, terrorism and wanton malicious damage of property.
“That the insecurity in Nigeria is heightened with well-armed felony components who’re each day invading Nigeria from different African international locations, extra notably West African international locations similar to Niger, Senegal, Guinea, Mauritania, Mali, Burkina Faso, Ghana, Benin Republic, Chad, Cote d’Ivoire, and Cameroon.
“If I attack you with a stick, you have a right to defend with a stick. If I attack you a cutlass, you have a right to defend with a cutlass. If I attack you with AK-47, it will foolish for you to defend yourself with a Dane gun.”
Addressing journalists shortly after submitting the swimsuit, Malcolm defined that AK-47 shouldn’t solely be restricted to the members of the Armed Forces however that different residents ought to be allowed to bear such weapons.
He mentioned, “There should be what we call balance of terror. If I know you have what I have, I will not come and attack you. But today what do we have? We have criminals who come to your house, do whatever they like; kill, rape, and maim because they have what you don’t have.”
The human rights lawyer mentioned his motion was premised on the truth that his letter to the President requesting permission to personal and bear a gun in July 2021 had not been attended to.
He famous that the unchecked terror perpetrated by closely armed criminals with AK-47s, General Purpose Machine Guns (GPMG), and different refined weapons has made nowhere protected within the nation as individuals are being killed of their properties and on their beds for no simply trigger.
Malcolm mentioned the carnage occurring within the nation has proved that the President and governors have failed to carry out their major duty to guard the lives and property of Nigerians.
The swimsuit learn partly, “That those kidnapped are taken into the forest, tortured, brutalised, raped, sodomised, starved with hunger and kept under an excruciating condition in the process which many of them die.
“That due to the peak of insecurity within the nation, I utilized to the 2nd Defendant who’s the licensing authority of prohibited firearms to grant me licence to own and personal an AK-147 Premium, AK-47 Assault Rifle through my utility of 8/7/2021. Attached and marked as ‘EXHIBIT C’ are copies of the letter to the President and DHL proof of supply and the acknowledgment of similar.
“That despite the fact that the 2nd Defendant received my said application letter on 9/7/2021, he failed, refused and/or neglected to grant my application and thereby deprived me of my right to exercise my constitutional right to self-defence for the protection of my life, family and property and also for the safeguard of my fundamental rights as enshrined and guaranteed by the Nigerian constitution.
“That with out Nigerians being armed with the best calibre of firearms for his or her self-defence and the shortcoming of the Defendants, their servants, brokers and/or privies to checkmate these criminals, these criminals have seized all of the bushes and forests in Nigeria, sacking the farmers from their ancestral land and farms, depriving hundreds of thousands of Nigerians of their technique of sustenance, livelihood and revenue and encircling the complete nation.”
Other defendants within the swimsuit are the 36 state governors and their Attorney Generals.