Legal and institutional framework for the control and prevention of small arms and light weapon proliferation and abuse in Nigeria

• Main Author: Malami, Salisu
• Format: Thesis
• Language: English; English; English
• Published: 2020
• Subjects: K Law (General); U Military Science (General)
• Online Access: https://etd.uum.edu.my/9266/1/s902660_01.pdf; https://etd.uum.edu.my/9266/2/s902660_02.pdf; https://etd.uum.edu.my/9266/3/s902660_references.docx; https://etd.uum.edu.my/9266/

Small arms and light weapons (SALWs) are necessary for national security and the protection of lives and property. In recent times, SALWs have been used to threaten global security, lives and properties of citizens. Deaths occasioned by SALW increase globally. Illegally trafficked SALW contributes in increasing criminality such as armed robbery, cattle rustling, insurgency, banditry, kidnapping and electoral violence in Nigeria. A study reveals that huge amount of illicit SALWs and more than 70 percent in circulation in the West African sub region is domiciled in Nigeria. It is in the light of these facts that the thesis adopted the socio legal research methodology examined the legal regime for control, prevention and abuse and proliferation of SALW in Nigeria. Semi-structured interviews with ten respondents to ascertain their perception on the regulation and control of SALW in Nigeria complemented the doctrinal approach in the data collection. Generally, the objective of this thesis appraised the legal and institutional frameworks to ascertain the legal and institutional frameworks that guarantee the control, prevention and abuse of SALW proliferation in Nigeria. The thesis found that the legal framework is obsolete, ineffective and the institutional framework lacks important institutions such as the National Commission on SALWs as obligated by the ECOWAS Convention. The thesis equally found that the control and regulation abuse and the proliferation of SALWs in Nigeria is undermined by a number of challenges that include border porosity, inadequate personnel and equipment, corruption, ineffective laws and weak enforcement, inaccurate data, meagre fines and imprisonment terms for violators of SALW legislation. The thesis recommends the amendment of the principal SALW legislation-Firearms Act 1959 to overcome Nigeria’s security challenges. In line with Nigeria’s obligation under international law, Nigeria should establish a National Commission on SALWs to coordinate issues of SALW in the country. Nigeria’s borders should be manned, and the law enforcement agencies provided the necessary trained and patriotic personnel and modern gadgets to police the ports and borders. Stiffer penalties for violators of SALWs legislation especially armorers of the law enforcement agencies found to have breached their public trust on state weapons be provided.