At last, the Senate has passed for Third Reading, the National Commission for the Coordination and Control of the Proliferation of Small Arms and Light Weapons Bill, 2022. The Senate passed the bill at its plenary on 26th July 2022. This would be the first time the bill has passed in either house of the National Assembly since it was first introduced in the 7th National Assembly. The bill is the product of the consolidation of three bills on the subject passed by the Senate for Second Reading at different times as follows:
- The Nigeria National Commission against the Proliferation of Small Arms and Light Weapons (Establishment, etc) Bill, 2020 (SB. 283) – February 2020;
- The Nigeria National Commission against the Proliferation of Small Arms and Light Weapons (Establishment, etc) Bill, 2020 (SB. 513) – November 2020; and
- The National Centre for the Coordination and Control of the Proliferation of Small Arms and Light Weapons (Establishment, etc) Bill, 2021 (SB. 794) [Executive bill] in November 2021.
The three bills primarily seek to establish a body with the responsibility to coordinate and implement activities aimed at combating the proliferation of small arms and light weapons in Nigeria, in line with Article 24 of the Economic Community of West African States (ECOWAS) Convention on the Proliferation of Small Arms and light Weapons, their Ammunition and Related Matters. The Senate Committee on National Security and Intelligence to which the bills were referred, resolved to consolidate the three bills.
The ECOWAS Convention on the Proliferation of Small Arms and Light Weapons was adopted on 14th June 2006 and came into effect in 2009. The Convention seeks to promote the establishment of a regional database of arms, enhance weapons’ control at border posts, review and harmonise legislation and administrative procedures governing small arms, as well as the destruction of surplus and unauthorised weapons. In addition, it seeks to promote a culture of peace and facilitate education and public awareness on the issues of small arms and light weapons (SALW).
The Convention requires member States of the ECOWAS to set up independent commissions to implement its resolutions on small arms and light weapons in the West African sub-region. Among other functions, these commissions are expected to share information and experience. Almost all the countries in the sub-region have set up their respective Commissions but Nigeria is yet to do so. In Nigeria, a major issue with the passage of a bill for this purpose was the creation of an independent body as required by the Convention.
It will be recalled that in May 2021, President Muhammadu Buhari approved the establishment of a National Centre for the Control of Small Arms and Light Weapons to be domiciled in the Office of the National Security Adviser (NSA), to replace the Presidential Committee on Small Arms and Light Weapons. Retired Major General A.M. Dikko was appointed as National Coordinator of the Centre. However, the Senate Committee on National Security and Intelligence resolved that pursuant to the objectives of the bill on the subject, establishing a ‘National Commission’ rather than a ‘National Centre’ as an independent body (as opposed to a dependent agency) will be better suited towards implementing measures aimed at control of illicit arms.
The consolidated bill for the establishment of the National Commission for the Coordination and Control of the Proliferation of Small Arms and Light Weapons seeks to:
- Control the proliferation of small arms and light weapons in Nigeria;
- Provide a framework for the coordination, implementation and monitoring of all efforts geared towards the control of small arms and light weapons in Nigeria; and
- Prevent, combat and eradicate the illicit trade in small arms and light weapons.
The bill establishes the National Commission for the Coordination and Control of the Proliferation of Small Arms and light Weapons, to be headed by an Executive Chairman, a Secretary and fifteen other members from select ministries, security agencies, other government agencies and the West African Action Network on Small Arms and Light Weapons (WAANSA). The Chairman and Secretary of the Commission shall be appointed by the President subject to Senate confirmation and shall hold office for a term of five years with the possibility of a renewal once.
Among several other functions, the Commission will be responsible for implementing strategies, plans and policies for the eradication of SALW, as well as supervising the implementation of same by relevant government bodies. It shall also create and maintain a national database of SALW; receive reports on firearms registration from the Nigeria Police and update the database with such information. In addition, it will register, store and destroy firearms and ammunition received from security agencies and those recovered from criminals; organise programmes to prevent, combat and eradicate illicit trade in SALW, as well as design and implement effective public education and awareness campaign on SALW. For the purpose of implementing its awareness programmes at national state and local levels, the Commission shall partner with civil society organisations, women and youth groups.
Other functions of the Commission include updating the register of small arms and light weapons and transmitting same to the United Nations (UN), African Union (AU), ECOWAS and other international organisations, as well as advising these organisations on exemptions to be granted to member States to meet legitimate national defence needs, according to the ECOWAS protocol. The Commission is also responsible for developing information and experience sharing mechanisms with its counterparts in other ECOWAS member States.
The Commission will be funded by budgetary allocations approved by the National Assembly; take off grants and annual subventions from the government; grants, gifts and donations from international organisations and donor agencies; charges, fees and other sums received for its services.
The bill requires the Commission to maintain a (computerised) register of SALW and a comprehensive database, which will contain details such as description and quality of the product, names and addresses of former, current and (where possible) successive owners; date of registration, export, transit and import licence, etc. It is also expected to maintain a register of SALW for use in peacekeeping operations within and outside the ECOWAS or AU territory, to control their movement and ensure effective withdrawal at the end of such operations.
The Commission shall also establish a National Small Arms Registry to be managed by an Arms Registrar, who shall maintain and update all registers established under the bill. These registers shall also be transmitted to the secretariat of ECOWAS in accordance with its Convention.
The bill creates offences associated with possession of firearms or ammunition without a licence and acts of violence with firearms, and stipulates penalties ranging from 5 to 6 years imprisonment and a minimum fine option of N5,000,000.
The bill dissolves the Presidential Committee for the Control of Small Arms and Light Weapons (PRESCOM). However, it is unclear is the dissolution targets the National Centre for the Control of Small Arms and Light Weapons which was established by the Federal Government in May 2021 to replace PRESCOM.
It is important to note that the passage of the bill and establishment of the Commission are necessary to fulfilling Nigeria’s treaty obligations, having ratified the ECOWAS Convention on the Proliferation of Small Arms and Light Weapons, which is a binding instrument on all member States in the sub-regional bloc.
Click here to see the bill: https://bit.ly/3CucWYP