Unlawful Firearms Possession Not Punishable by Death, Dr Akpo Odje Insists, Condemns Extrajudicial Killing of Mene Ogidi, Others

 









By Wilson Macaulay

WARRI 

A constitutional lawyer, Prince (Dr) Akpo Mudiaga Odje, has raised serious concerns over what he described as widespread misconceptions and dangerous enforcement practices surrounding unlawful possession of firearms in Nigeria, insisting that the offence is not punishable by death under any known law of the land.

Speaking on the legal framework governing firearms in the country, Odje emphasised that offences relating to illegal possession are clearly defined under the Robbery and Firearms (Special Provisions) Act and the Firearms Act, both of which prescribe penalties that fall short of capital punishment.

According to him, Section 3 of the Robbery and Firearms Act, as well as Section 27 of the Firearms Act, provide that individuals found guilty of unlawful possession of firearms may face a minimum of 10 years’ imprisonment, with options of fines and additional custodial sentences depending on the circumstances of the case.

He further explained that where possession of firearms is linked to criminal intent—particularly armed robbery or other violent crimes—the punishment becomes more severe, ranging from 14 to 20 years’ imprisonment, and in aggravated robbery cases, may extend to life imprisonment. However, he stressed that even in such grave situations, the law does not prescribe the death penalty solely for possession.

Odje also clarified that possession of prohibited firearms, including automatic rifles, military-grade weapons, and certain categories of ammunition, without proper authorisation from the President or the police, attracts stringent sanctions under the Firearms Act. Yet, he maintained that such offences remain non-capital in nature.

The legal practitioner strongly condemned what he termed “extrajudicial executions and misuse of force” by security operatives, warning that no law empowers law enforcement agencies to summarily execute suspects outside judicial processes.

“There is no legal justification for the taking of life over mere possession of firearms. The Constitution guarantees the right to life and fair hearing. Any deviation from this is a gross violation of the rule of law,” he stated.

In a broader call for institutional reform, Odje revisited a long-standing proposal by the late former Attorney General of the Federation, Bola Ige, who had advocated the removal of the word “Force” from the Nigeria Police Force.

He noted that the continued use of the term “Force” reinforces a culture of aggression and excessive use of power among law enforcement personnel, often directed at unarmed and vulnerable citizens.

“The nomenclature itself conditions the mindset. When an institution is constantly defined by ‘force,’ it may unconsciously prioritise coercion over service and protection,” Odje argued.

The remarks come amid growing public discourse on police conduct, human rights, and the urgent need for reforms within Nigeria’s security architecture. Civil society groups and legal experts have repeatedly called for accountability, adherence to due process, and a reorientation of policing standards in line with democratic principles.

Odje concluded by urging citizens to be aware of their legal rights while calling on authorities to ensure that the enforcement of laws remains firmly within constitutional boundaries.

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