(2024)
SECTION 1
The objectives of this Act are to-
(a) control the proliferation of small arms and light weapons in Nigeria;
(b) 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
(c) prevent, combat and eradicate the illicit trade in small-arms and light weapons.
Objectives of this Act.
SECTION 2
This Act applies throughout the Federal Republic of Nigeria.
Application.
SECTION 3
(1) There is established a National Centre for the Control of Small Arms and Light Weapons, (“the National Centre”) which shall be coordinated by the Office of the National Security Adviser.
(2) the Office of the National Security Adviser shall –
(a) coordinate and implement the provisions of this Act;
(b) be responsible for (i) policy formulation, coordination and monitoring of efforts to address small arms and light weapons related issues within Nigeria, (ii) monitoring of efforts to prevent, combat and eradicate the illicit trade in small arms and light weapons, and (iii) providing regular briefings and reports to the Government on the progress and challenges of the implementation of the national policy and strategy on small arms and light weapons, with the aim of facilitating the necessary political will, understanding and support for activities and programmes dealing with small arms and light weapons
Establishment of the National Centre for the Control of Small Arms and Light Weapons.
SECTION 4
The National Centre shall –
(a) Implement strategies, plans and policies for the eradication of proliferation of small arms and light weapons;
(b) supervise the implementation of the strategies, plans and policies for the eradication of proliferation of small arms and light weapons, by law enforcement agencies and other relevant Ministries, Departments and Agencies in Nigeria;
(c) receive from the Nigeria Police Force. reports of activities on registration and licensing of fire arms and ammunition for the purposes of updating the national database;
(d) register and securely store or destroy small arms (i) collected from the Nigeria Police force. Armed Forces and other security agencies, and (ii) seized or recovered from criminals, terrorists, insurgents or any other person in possession of illegal small arms and light weapons:
(e) organise programmes of action to prevent, control, combat and eradicate the illegal trade in small arms and light weapons;
(f) coordinate the design and implementation of an effective public education and awareness campaign relative to small arms and light weapons;
(g) create and maintain a national database of all small arms and light weapons;
(h) update the register of small arms and light weapons and transmit same to the United Nations (UN), African Union (AU), the Economic Community of West Africa States (ECOWAS) and any other international organisation that may so require;
(i) advise the ECOWAS, All and UN on exemptions to be granted to member states for weapons of categories 1, 2 and 3 of the ECOWAS Protocol on small arms and light weapons to meet legitimate national defence and security needs, or to participate in peace keeping or other operations in accordance with the decisions of the UN. AU, ECOWAS or other regional or sub-regional body of which it is a member;
(j) liaise with the ECOWAS, AU and UN in all matters relating to the eradication of proliferation of small arms and light weapons in general at the regional, continental and global levels;
(k) initiate and develop mechanisms for exchanging information and experience with the National Centres, Commissions or National coordinating bodies for the eradication of proliferation of small arms and light weapons of other member states of the ECOWAS, AU and UN;
(l) conduct periodic research, studies and surveys to gather accurate information on impacts of interventions, to track the mutating dimension of the problem of small arms and light weapons and the lessons learned; and to use such information;
(m) investigate suspected illegal manufacturers, traders and possessors of illicit small arms and light weapons; and
(n) perform such other functions that may be assigned to it by Federal Government of Nigeria.
Functions and powers of the National Centre.
SECTION 5
(1) There shall be for the National Centre, a Director-General to be appointed by the President, on the recommendation of the National Security Adviser.
(2) The Director-General shall-
(a) be the chief executive and accounting officer of the National Centre;
(b) be experienced in matters relating to small arms and light weapons;
(c) be responsible for the administration and management of the National Centre and the keeping of its books and records;
(d) ensure that, in conducting its affairs, the National Centre is guided by the laws of Nigeria and international best practices which shall include the development and implementation of information security measures, technical and administrative competence, and the principles of impartiality, confidentiality, objectivity and integrity;
(e) formulate and develop an efficient and performance driven administration;
(f) be responsible for the control and maintenance of discipline of staff; and
(g) perform such other functions as are assigned to him under this Act or any other law.
(3) The National Security Adviser may give to the Director-General, general directions as to the management of the affairs of the National Centre and other matters relating to the functions of the National Centre.
(4) The Director-General shall be appointed for a term of five years in the first instance and may, subject to satisfactory performance, be re-appointed for a further term of five years and no more.
(5) The Director-General shall cease to hold office if any of the following conditions apply-
(a) his term has expired:
(b) he resigns his office by notice in writing, under his hand, addressed to the President through the National Security Adviser:
(c) he dies;
(d) he becomes of unsound mind or incapable of carrying out his duties;
(e) he becomes bankrupt;
(f) he is found guilty of gross misconduct relating to his duties;
(g) he ceases to hold the office on the basis of which he was appointed;
(h) the President is satisfied that it is not in the interest of the National Centre or of the public for the person appointed to continue in office.
(6) The salary and emoluments of the Director-General shall be equivalent to that of a Permanent Secretary in the public service of the Federation.
(7) All departments shall render such assistance as may be reasonably required in the exercise, performance or discharge of the powers, functions or duties conferred on, assigned to or imposed on the Director-General by or under this Act.
(8) The management team of the National Centre shall be composed of relevant security and intelligence agencies as may be deemed appropriate.
(9) The management team of the Centre shah; comprise officers from-
(a) the Nigerian Army;
(b) the Nigerian Navy;
(c) the Nigerian Air Force;
(d) the Nigerian Police;
(e) the State Security Service;
(f) the Nigerian Immigration Service;
(g) the Nigerian Custom Service;
(h) Nigerian Security and Civil Defence Corps:
(i) Federal Ministry of Foreign Affair;
(j) Federal Ministry of Justice;
(k) any other relevant Security and Intelligence Agency or Ministry; and
(l) any staff of the National Centre with relevant and appropriate qualification and experience.
Director General of the National Centre.
SECTION 5
(1) There shall be for the National Centre, a Director-General to be appointed by the President, on the recommendation of the National Security Adviser.
(2) The Director-General shall-
(a) be the chief executive and accounting officer of the National Centre;
(b) be experienced in matters relating to small arms and light weapons;
(c) be responsible for the administration and management of the National Centre and the keeping of its books and records;
(d) ensure that, in conducting its affairs, the National Centre is guided by the laws of Nigeria and international best practices which shall include the development and implementation of information security measures, technical and administrative competence, and the principles of impartiality, confidentiality, objectivity and integrity;
(e) formulate and develop an efficient and performance driven administration;
(f) be responsible for the control and maintenance of discipline of staff; and
(g) perform such other functions as are assigned to him under this Act or any other law.
(3) The National Security Adviser may give to the Director-General, general directions as to the management of the affairs of the National Centre and other matters relating to the functions of the National Centre.
(4) The Director-General shall be appointed for a term of five years in the first instance and may, subject to satisfactory performance, be re-appointed for a further term of five years and no more.
(5) The Director-General shall cease to hold office if any of the following conditions apply-
(a) his term has expired:
(b) he resigns his office by notice in writing, under his hand, addressed to the President through the National Security Adviser:
(c) he dies;
(d) he becomes of unsound mind or incapable of carrying out his duties;
(e) he becomes bankrupt;
(f) he is found guilty of gross misconduct relating to his duties;
(g) he ceases to hold the office on the basis of which he was appointed;
(h) the President is satisfied that it is not in the interest of the National Centre or of the public for the person appointed to continue in office.
(6) The salary and emoluments of the Director-General shall be equivalent to that of a Permanent Secretary in the public service of the Federation.
(7) All departments shall render such assistance as may be reasonably required in the exercise, performance or discharge of the powers, functions or duties conferred on, assigned to or imposed on the Director-General by or under this Act.
(8) The management team of the National Centre shall be composed of relevant security and intelligence agencies as may be deemed appropriate.
(9) The management team of the Centre shah; comprise officers from-
(a) the Nigerian Army;
(b) the Nigerian Navy;
(c) the Nigerian Air Force;
(d) the Nigerian Police;
(e) the State Security Service;
(f) the Nigerian Immigration Service;
(g) the Nigerian Custom Service;
(h) Nigerian Security and Civil Defence Corps:
(i) Federal Ministry of Foreign Affair;
(j) Federal Ministry of Justice;
(k) any other relevant Security and Intelligence Agency or Ministry; and
(l) any staff of the National Centre with relevant and appropriate qualification and experience.
Estimates, accounts and audit
SECTION 6
(1) The Director-General may-
(a) delegate, in writing, any of his powers under this Act to a Director of the National Centre; or
(b) instruct any other employee to perform any of the functions assigned to the National Centre under this Act.
(2) A delegation or instruction under subsection (1)-
(a) is subject to the limitations or conditions that the Director-General may impose; and
(b) does not relieve the Director-General of the ultimate responsibility concerning the exercise of the delegated power or the performance of the assigned function.
(3) The Director-General may confirm, vary or revoke any decision taken by an employee in consequence of a delegation or instruction under subsection (1) as long as no such variation or revocation of a decision detracts from any right or contractual obligation that may have accrued as a result of the decision.
Delegation of power by the Director-General.
SECTION 7
(1) The National Centre may appoint directly or on secondment from law enforcement and security agencies. Ministries or the private sector, such professional, technical and other staff as it may consider necessary to assist in the effective and efficient performance of its functions under this Act.
(2) For the purposes of this Act, a public officer who is transferred or seconded to the National Centre under subsection (1) shall be regarded as a staff of the National Centre and be subject only to the control and direction of the National Centre.
(3) The Director-General of the National Centre shall, with the approval of National Security Adviser, make staff regulations and determine conditions of service, including allowances, pensions and other benefits and disciplinary control, as are appropriate for its employees.
(4) The National Centre shall publish regulations made under subsection (3) in such manner as it may determine.
(5) The National Centre shall, for the purpose of achieving maximum efficiency in the performance of its functions set out in this Act, institute schemes for the training of its staff.
Appointment of staff.
SECTION 8
(1) A person, other than the Director-General, shall not be appointed or seconded to perform any of the functions of the National Centre unless information with respect to that person has been gathered in a security screening investigation by the State Security Service;
(2) All staff of the National Centre shall be subjected to periodic security screening.
Security screening of staff
SECTION 9
There shall be paid to every member and staff of the National Centre such salaries and emoluments as the National Salaries. Income and Wages Commission may direct.
Salaries and emoluments.
SECTION 10
(1) Service in the National Centre is pensionable service for purposes of the Pension Reform Act and accordingly, employees of the National Centre shall, in respect of their services, be entitled to pensions and other retirement benefits as arc enjoyed by persons holding equivalent grades in the public service of the Federation. [Act No. 4.2014]
(2) Notwithstanding the provisions of subsection (1), nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of pension in respect of that office.
(3) For the purpose of the application of the provisions of the Pension Reform Act, any powers exercisable by a Minister or other authority of the Government of the Federation (not being the power to make regulations under section 97 of that Act) are vested in and shall be exercisable by the Director General. [Act No. 4.2014]
Pensionable service.
SECTION 11
Establishment of offices in the six geo-political zones.
SECTION 12
The National Centre shall establish Departments and Special Units for the effective and efficient performance of its functions and exercise of its powers under this Act.
Establishment of departments and special units.
SECTION 13
(1) There is established for the National Centre a fund which shall be applied to the performance of its functions and discharge of its duties under this Act and into which shall be credited –
(a) take off grants and annual subventions received from the Government of the Federation;
(b) budgetary allocations approved by the National Assembly for the National Centre;
(c) grants, gifts or donations from international organisations and donor agencies, provided that the terms and conditions attached to a grant, gift or donation are consistent with the functions of the National Centre;
(d) charges, fees and other sums collected or received for services rendered by the National Centre; and
(e) all other funds which may accrue to the National Centre.
(2) The fund established under subsection (1) shall be managed in accordance with extant Financial Regulations applicable in the public service of the Federation.
Fund of the National Centre.
SECTION 14
The National Centre shall apply the proceeds of the fund established under section 13(1) for the following purposes –
(a) the cost of administration of the National Centre;
(b) the reimbursement of members of the National Centre or any committee set up by the National Centre for such expenses as maybe authorised in accordance with the rates approved by the Government of the Federation;
(c) the payments of salaries, fees and other remunerations or allowances as approved by the National Salaries. Incomes and Wages Commission;
(d) the maintenance of any property acquired or vested in the National Centre; and
(e) any matter connected with all or any of the functions of the National Centre.
Expenditure of the National Centre.
SECTION 15
(1) The National Centre shall not later than 30 August of each year, submit to the National Security Adviser for approval its estimates of income and expenditure for the next financial year.
(2) The National Centre shall –
(a) keep proper records and accounts of its income and expenditure;
(b) prepare a statement of accounts in respect of each year; and
(c) ensure that the bank accounts are held with reputable banks.
(3) The National Centre shall, within five months in the new financial year, submit its audited accounts to the Auditor-General for the Federation.
Estimates, accounts and audit.
SECTION 16
The National Centre shall submit, not later than six months after the end of each year, through the National Security Adviser to the President, a report of its activities including evaluation reports received and of money laundering, terrorist financing trends and its administration during the preceding year.
Annual report.
SECTION 17
(1) Subject to the provisions of this Act. the provisions of the Public Officers Protection Act apply in relation to any suit instituted against the Director-General or an employee of the National Centre.
(2) Notwithstanding anything contained in any other law or enactment, a suit shall not lie or be instituted in any court against the Director-General or an employee of the National Centre for any act done under this Act or any other law or enactment on money laundering or terrorist financing or of any public duty or authority or in respect of any alleged neglect or default in the execution of this Act or such other law or enactment, duty or authority, unless- [Cap. P41, LFN, 2004]
(a) it is commenced within three months after the act, neglect or default complained of; or
(b) in the case of a continuation of damage or injury, within six months after its cessation.
(3) A suit shall not be commenced against the Director-General or an employee of the National Centre before the expiration of three months after written notice of intention to commence the suit shall have been served on the National Centre by the intending plaintiff or his agent.
Limitation of suit against the National Centre.
SECTION 18
A notice, summons or other documents required or authorised to be served on the National Centre under the provisions of this Act or any other law or enactment may be served by delivering it to the Director-General, or by sending it by registered post and addressed to the head office of the National Centre.
Service of documents.
SECTION 19
(1) In an action or a suit against the National Centre, no execution or attachment process of any nature shall be issued against the National Centre unless at least three months’ notice of the intention to execute or attach has been given to the National Centre.
(2) Any sum of money which may by the judgment of any court be awarded against the National Centre shall, subject to any direction given by the court where no notice of appeal against the said judgment has been given, be paid from the fund of the National Centre.
Restriction on execution against property of the National Centre.
SECTION 20
The Director-General or an employee of the National Centre shall be indemnified out of the assets of the National Centre against any proceedings brought against him in his capacity as the Director-General or as an employee of the National Centre where the act complained of is not ultra vires his powers.
Indemnity of officers.
SECTION 21
A person shall not have in his possession or under his control any firearm, ammunition for any firearm or any component part of such ammunition in the following categories, except in accordance with a licence granted by the President acting on the advice of the National Centre-
(a) lethal barreled weapon of any description from which any shot, bullet or other missile can be discharged;
(b) muzzle loading firearm of any category;
(c) component of any firearm;
(d) weapon from which a shot is discharged; or
(e) weapon, rifle or pistol from which a projectile can be fired.
Possession of firearms.
SECTION 22
(1) A person shall not have in his possession or under his control any firearm of one of the categories specified in section 21 of this Act except in accordance with a licence granted in respect of it by the Inspector-General of Police, which licence shall be granted or refused in accordance with guidelines specified by the President on the advice of the National Centre.
(2) The Inspector-General of Police shall provide to the National Centre-
(a) details of all licensed personal firearms; and
(b) monthly analysis on seizure of illegal weapons.
Personal firearms.
SECTION 23
(1) The Commissioner of Police of a state, with the consent of the Governor of the state may grant license for the possession or control of muzzle-loading firearm.
(2) The Commissioner of Police of a state shall give monthly report of firearms licenced under the provisions of subsection (1) to the National Centre.
(3) The grant of a licence in respect of a muzzle-loading firearm in respect of which application has been duly made shall not be refused except for a reason specified by the President.
Muzzle-loading firearms.
SECTION 24
(1) Subject to the provisions of section 21 of this Act and the Firearms Act, the authority having the function of granting a licence or permit may grant licence or permit to a person deemed fit. [Cap. F28, LFN, 2004]
(2) The authority having the function of granting a licence or permit may, subject to the provisions of any regulations made under this Act –
(a) impose such terms or conditions as deemed fit; or
(b) revoke a licence or permit for such cause as he may consider appropriate.
(3) A person nose application for licence or permit is refused by the Police authority other than a decision by the President, may appeal in writing to the President through the National Centre, whose decision shall be final.
(4) Notwithstanding the provisions of Section 21 and 22 of this Act, no liccence or permit under the provisions of this Act shall be granted if there is reason to believe that the applicant or holder of the licence –
(a) is under the age of 21;
(b) is of unsound mind;
(c) is not fit to have possession of the firearm in question on account of defective eyesight;
(d) is a person of intemperate habits; or
(e) has been previously convicted of an offence involving violence or the threat of violence.
(5) The Inspector General of Police or the Commissioner of Police of a state shall provide details of –
(a) rejected applications for licence or permit to the National Centre within one month of the rejection: and
(b) revoked licences to the National Centre within one month of the revocation.
Grant of licences and permits.
SECTION 25
(1) The owner of a firearm in respect of which a licence or permit has been granted under this Act shall be responsible for the safe custody of the firearm to which the licence or permit relates.
(2) The owner of a firearm, in the case of loss, theft or destruction of the firearm, shall –
(a) notify such loss, theft or destruction and the circumstances of it within 14 days to the authority who issued the licence or permit, surrender the licence or permit: and
(b) do such other action as the authority may consider necessary.
(3) Where the holder of a licence or permit dies, a person lawfully in possession of the chattels of the deceased or a person to whom a firearm or ammunition of the deceased has been bequeathed may, notwithstanding any other provision of this Act. lawfully have in his possession a firearm or ammunition in respect of which the deceased person held a licence or permit for a period of 14 days after such death. [Cap, F28, LFN. 2004]
(4) Notwithstanding the provisions of subsection (3), the Inspector-General of Police may. if he deems fit. seize the firearm or ammunition and retain or deposit same in a public armory as provided in the Firearms Act until a licence or permit is granted in respect of such firearm.
(5) The occurrence of any of the situations provided in subsection (2). (3) and (4) shall be reported to the National Centre within 30 days for record and analysis.
Safe custody of firearms.
SECTION 26
(1) A person shall not have in his possession or under his control any ammunition for any firearm, component part of any ammunition, gun powder or trade powder intended or used as a component part, except in accordance with the terms of a license or permit granted to him and in respect of such firearm.
(2) The provisions of subsection (1) shall apply in respect of all ammunition, except –
(a) lead shot for use only as a weight; or
(b) blank cartridges other than those for humane killers not exceeding 2.54 centimeters in diameter.
Ammunition
SECTION 27
(1) A person shall not buy, sell, transfer, expose for sale or transfer, or have in his possession for sale or transfer, any firearm unless the person is registered as a firearms dealer.
(2) Notwithstanding the provisions of any other law. any application for registration as a firearms dealer shall be confirmed by the National Centre before approval.
(3) The National Centre shall maintain a database of registered firearms dealers in Nigeria.
(4) A person shall not buy, sell, transfer or expose for sale or transfer or have in his possession for sale or transfer any ammunition, except – [Cap, F28, LFN, 2004.]
(a) the ammunition specified in section 21 of this Act or Part II of the Firearms Act; and
(b) he is registered as a firearms dealer.
(5) The President may, upon the advice of the National Centre direct –
(a) the registration of any person as a dealer in firearms; and
(b) that any such registration of a dealer be cancelled.
Prohibition of dealing in arms or ammunition.
SECTION 28
(1) A registered firearms dealer shall –
(a) construct, in accordance with the requirements prescribed by Regulations under the Firearms Act, and maintain in proper repair, an armory at each place in respect of which he carries on business; [Cap. F28, LFN, 2004]
(b) keep an up to date record of transactions at each place where he carries on business, and shall make such returns in respect of the records as max be prescribed by the National Centre;
(c) in the ease of loss, theft or destruction of a firearm in his possession, notify of such loss, theft or destruction within seven days of the occurrence to the Inspector-General of Police and the National Centre, for record and analysis; and
(d) permit inspection of each place where he carries on business and the records maintained, by a police officer, upon production by the police officer of the written authority of the Inspector-General of Police.
(2) The National Centre-
(a) max conduct periodic inspection of registered firearms dealers armor) across Nigeria; and
(b) shall keep records of all registered dealers armory across Nigeria.
Registered dealer’s armories.
SECTION 29
(1) A person, whether a registered firearms dealer or not. shall not sell or transfer any firearm or ammunition to any person, except –
(a) another registered firearms dealer; or
(b) the person produced a licence or permit authorising him to possess such firearm or ammunition. [Cap. F28, LFN. 2004]
(2) Regulations made under this Act and under the Firearms Act may permit the sale or transfer of a firearm or ammunition by a registered firearms dealer to a person who is not the holder of a licence or permit intending to obtain such licence, upon conditions to be prescribed in the regulations.
Sale or transfer of firearms or ammunition.
SECTION 30
(1) A person whether a registered firearms dealer or not shall not sell or transfer any firearm unless –
(a) there is stamped permanently on it , the marker’s name and number or such other particulars as may be prescribed; and [Cap. F28. LEN. 2004]
(b) the name or number is specified in any licence or permit produced in accordance with section 11 of the Firearms Act.
(2) A person, whether a registered firearms dealer or not. shall not alter or render illegible the maker’s name or number or other prescribed particulars stamped upon a firearm, without the consent, in writing, of the Inspector General of Police.
(3) Where subsection (2) is contravened, the Inspector General of Police shall notify the National Centre for record and analysis.
Stamping of all firearms sold.
SECTION 31
(1) The National Centre shall have power to collect –
(a) small arms which are surplus to the national needs or have become obsolete;
(b) seized light weapons;
(c) unmarked light weapons;
(d) illegally held light weapons; and
(e) small arms collected in the implementation of peace accords or programmes for the voluntary handing over of the weapons.
(2) A small arm or light weapon collected under the provisions of subsection (1) shall be registered and securely stored or destroyed.
(3) The National Centre shall promote and carry out programmes of voluntary handing over of small arms and light weapons.
Collection and storage of small arms and light weapon.
SECTION 32
(1) The National Centre shall take the necessary measures to ensure the safe and effective management, storage and security of national stocks of small arms and light weapons.
(2) The National Centre shall, under the provisions of subsection (1), establish effective standards and procedures for stockpile management, storage and security, including –
(a) appropriate site;
(b) physical security measures of storage facilities;
(c) inventory management and record keeping;
(d) staff training;
(e) security during manufacture and transportation; and
(f) sanctions in case of theft or loss.
(3) The National Centre shall ensure that stockpiles of small arms and light weapons by manufacturers, dealers as well as individuals are securely stored in accordance with the appropriate standards and procedures.
Management and security of stockpiles.
SECTION 33
(1) The National Centre shall keep and maintain a computerised register of small arms and light weapons and a comprehensive national database, in which shall be recorded the following information –
(a) description of the product (type, model and caliber) and quality (where it concerns a batch);
(b) content of the marking;
(c) names and addresses of the former and current owners and, where possible, successive owners;
(d) date of registration; and
(e) information concerning each transaction, including – (i) the name and address of the shipper, the intermediary (where applicable), the consignee and the user indicated on the end-user-certificate, (ii) the point of departure, transit and destination, as well as the customs references and the dates of departure, transit and delivery to the end-user, (iii) the export, transit and import licence (quantities and batches corresponding to the same licence as well as the validity of the licence), (iv) full details concerning the method of transport and the transporter, (v) the controlling agency or agencies at points of departure, transit and entry. (vi) the nature of the transaction, whether commercial, non-commercial, private or public, conversion, repair, and (vii) where applicable, the insurer and the financial institution intervening in the transaction.
(2) The records in the register of the National Centre shall also be kept in the custody of designated agencies.
Establishment of register of small arms and light weapons.
SECTION 34
(1) the National Centre shall –
(a) keep and maintain a register of small arms and light weapons operations destined for use in peacekeeping operations both within and outside the ECOWAS or AU territory to ensure the control of movements of small arms and light weapons and their effective withdrawal at the end of peace operations;
(b) declare to the executive secretariat of ECOWAS, AU and UN organisation of all small arms and light weapons – (i) used in peace keeping operations, or (ii) seized, collected or destroyed during peace keeping operations in Nigeria and in the ECOWAS or AU region.
(2) For the purpose of implementing the provisions of subsection (1) –
(a) the Armed Forces, Nigeria Police Force or any other security agency engaged in peace keeping operations shall – (i) prior to the commencement of the operation, submit to the National Centre a register or record of small arms and light weapons to be used in the operation, and (ii) after the operation, submit to the National Centre a register or record of small arms and light weapons used in the operations or seized, collected or destroyed during the operations.
(b) the National Centre may at any time necessary, request from the Armed Forces, Nigeria Police Force or any other security agency engaged in peace keeping operations, a register or record of small arms and light weapons to be used, seized, collected or destroyed during the operations:
(c) a register of small arms and light weapon used by arms bearing agencies shall be forwarded to the National Centre quarterly; and
(d) a list of ammunitions before and after a peace keeping mission by arms bearing agencies shall be forwarded to the National Centre.
Register of arms for peace operation.
SECTION 35
The National Centre shall establish a National Small Arms Registry to be managed by an Arms Registrar who shall –
(a) keep, maintain and update the register established under this Act;
(b) transmit the register to the secretariat of the ECOWAS in accordance with the provisions of ECOWAS Convention; and
(c) carry out any other responsibility in respect of small arms and light weapons record and documentation in Nigeria.
National Small Arms Registry.
SECTION 36
(1) The National Centre shall –
(a) control the manufacture of small arms and light weapons in Nigeria;
(b) regulate the activities of local and artisanal small arms and light weapons manufacturers; and
(c) adopt strategies and policies for the reduction or limitation of the manufacture of small arms and light weapons so as to control the local manufacture as well as their market within ECOWAS.
(2) The National Centre shall prepare and maintain an exhaustive list of local manufacturers of small arms and light weapons and ensure their registration in the register of small arms and light weapons established under section 33 of this Act.
Control of the manufacture of small arms and light weapons.
SECTION 37
The National Centre shall not grant a request for the manufacture of small arms and light weapons except the manufacturer gives information relating to –
(a) details of the arms to be manufactured and the quantity, exact type and kind of arms using ECOWAS classification system, including all serial numbers and other markings;
(b) the procedure for marking and entering details of each small arm and light weapon into the Register of Small Arms and Light Weapons established under section 33 of this Act; and
(c) information on the storage and management of the small arms and light weapons after manufacture.
Measures for the control of manufacture of small arms and light weapons.
SECTION 38
(1) The National Centre shall exchange with other ECOWAS, AU and UN State Parties, information on –
(a) illegal small arms and light weapons;
(b) seized small arms and light weapons; and
(c) trafficking in weapons that contravene international law or the internal laws of the States in which the operations take place, including condemnation of the person or institution implicated, sanctions, disposal, destruction methods and neutralisation,
(2) The National Centre shall, in the case of other small arms and light weapons, exchange the following data on a regular basis with the bodies mentioned in subsection (1) –
(a) manufacture, marking system and techniques used, and authorized manufacturers;
(b) transfers, exports to and imports from all other states, and transits;
(c) information available concerning national legislation, existing practices and controls, authorised dealers and brokers, and
(d) existing stockpiles, management, inventory, security, surplus, loss, theft and destruction.
(3) The National Centre may initiate a tracing request through ECOWAS, AU or UN in relation to small arms and light weapons found within Nigeria that it considers to be illegal.
(4) A request by the National Centre for assistance in tracing illegal small arms or light weapons shall contain sufficient information, including –
(a) information describing the illegal nature of the small arms and light weapons, its legal justification and circumstances under which the small arms and light weapons were found:
(b) marking, type, caliber and other relevant information; and
(c) intended use of the information being sought.
(5) Where the National Centre receives through the ECOWAS, AU or UN request for assistance in tracing illegal small arms and light weapons found in the requesting member state, the National Centre shall acknowledge its receipt within a reasonable time frame.
(6) A request from a member state received under subsection (5) shall contain the information set out m subsection (4) and any other information as may be specified by the National Centre,
(7) The National Centre shall provide reliable responses to tracing requests made by other member states within one month from the date of receipt of the request.
(8) In responding to a tracing request, the National Centre shall provide all available information sought by the requesting member state that is relevant for the purposes of tracing illegal small arms and light weapons.
(9) The National Centre may seek additional information from the requesting member state where a tracing request does not contain the information required under this section.
Tracing.
SECTION 39
(1) A person in possession of firearms or ammunition without a licence, commits an offence and is liable on conviction to a fine of at least N1,000,000 or imprisonment for a term of at least two years or both, where the person has no previous criminal record.
(2) A person with previous criminal records found in possession of firearms without a licence, commits an offence and is liable on conviction to imprisonment for a term of at least five years without an option of fine.
(3) Where a person commits an act of violence with a firearm that is not licenced, the person shall on conviction be liable to imprisonment fora term of at least six years.
(4) A person who commits an offence under this Act for which no penalty is prescribed is liable on conviction to a fine of at least N500,000 or imprisonment for a term of one year or both.
Offences and Penalties.
SECTION 40
Subject to the provisions of section 174 of the Constitution of the federal Republic of Nigeria, any legal officer of the National Centre may conduct criminal and other proceedings in respect of matters relating to small arms and other related matters. [Cap. C23, LFN. 2004]
Prosecution.
SECTION 41
(1) The National Centre shall, in the interest of promoting peace, design public and community education and awareness programmes at national, state and local Levels in order to involve Nigerians in the efforts to control the proliferation of small arms and light weapons.
(2) The National Centre shall, under subsection (1), develop and partner with civil society organisations at national, state and local levels, including women, youth and other organisations, for better information and public awareness on the dangers of proliferation of small arms and light weapons.
Public education and awareness programme.
SECTION 42
The President may give to the National Security Adviser such directives of a general nature or relating specifically to matters of policy, with regards to the performance of the functions of the National Centre as he may consider necessary and the National Centre shall comply with the directives.
Directive of the President.
SECTION 43
The National Centre may, subject to the approval of the National Assembly, make regulations and issue guidelines as are necessary or expedient for the effective and efficient implementation of the provisions of this Act.
Regulations.
SECTION 44
As from the commencement of this Act, the Presidential Committee for the Control of Small Arms and light Weapons (PRESCUM) constituted by the President is dissolved.
Dissolution of the Presidential Committee for the Control of Small Arms and Light Weapons.
SECTION 45
(1) The dissolution of PRESCOM as specified in section 44 of this Act shall not affect anything done or purported Io have been done by the PRESCOM.
(2) The tights, interests, obligations, proceedings, assets and liability of the PRESCOM existing before the commencement of this Act shall, by virtue of this Act. be deemed to be that of the National Centre to the extent that they are consistent with of the provisions of this Act.
(3) Any reference to the PRESCOM or any person under its control or a document issued in the name of the PRESCOM shall be read, unless the context otherwise requires, as a reference to (he National Centre established under this Act.
Savings and transitional provisions.
SECTION 46
In this Act – “AU” means the African Union; “Convention” means the Economic Community of West African States Convention on Small Arms and Light Weapons, their ammunition and other related materials, done at Abuja on 14th June, 2006; “ECOWAS” means the Economic Community of West African States; “illicit” means all that is carried out in violation of this Act and the Convention, “light weapons’’ means portable arms designed to be used by several persons working together in a team and include notably – (a) heavy machine guns; (b) portable grenade launchers, mobile or mounted; (c) portable anti-aircraft cannons; (d) portable anti-tank cannons, non-recoil guns, (e) portable anti-tank missile launchers or rocket launchers; and (f) mortars with a caliber of less than one hundred millimeters; “marking means inscriptions permitting the identification of arms covered by this Act and the Convention; “National Centre” means National Centre for the Control of Small Arms and Light Weapons established under section 3(1) of this Act; “other related materials” means all components, parts or spare parts for small arms or light weapons or ammunition necessary for its functioning; or any chemical substance serving as active material used as propelling or explosive agent; “small arms” means arms used by one person and include – (a) firearms and other destructive arms or devices such as an exploding bomb, an incendiary bomb or a gas bomb, a grenade, a rocket launcher, a missile system or landmine; (b) revolvers and pistols with automatic loading; (c) riffles and carbines; (d) machine guns; (e) assault rifles; and (f) light machine guns; “small arms and light weapons” include ammunition and other related materials; “tracing” includes the systematic monitoring of the movement of small arms and light weapons and their ammunition and other related materials, from the manufacturer until the end user with a view to helping members states or competent authorities to detect illegal manufacture and trading, and “weapons of categories 1, 2 and 3” means light weapon, small arms and ammunition, respectively.
Interpretation.
SECTION 47
This Act may be cited as the Control of Small Arms and Light Weapons Act, 2024.
Citation.