CRIMINAL LAW AND PROCEDURE – UNLAWFUL POSSESSION OF FIREARMS AND AMMUNITION – Ingredients of the offence of illegal possession of firearms


“It is indeed settled that for the respondent to secure conviction in respect of the charge of unlawful possession of Firearms pursuant to Section 3(1) of the Robbery and Firearms (Special provisions) Act Laws of the Federation of Nigeria 2004, it must prove:- (i) That the appellant is found in possession of firearms. (ii) That the firearms is within the meaning the provided by Act. (iii) That the appellant has no licence to possess the firearms. See THE STATE V. FEMI OLADOTUN (2011) LPELR – 3226 (SC), BELLO OKASHETU V. STATE (2016) LPELR – 40611 (SC) and ABUBAKAR MOHAMMED V. THE STATE (2019) LPELR – 47044 (SC). It is clear from the foregoing decisions of this Court that the intent of the legislature in Section 3(1) of the Robbery and Firearms (Special Provisions) Act is, once a person is shown to be in possession of firearms and has no licence permitting him to be in possession, he is liable. By Section 11(1) of the Robbery and Firearms (Special Provisions) Act, “Firearms” includes any gun. Per MUSA DATTIJO MUHAMMAD, JSC (Pp 6 – 7 Paras E – D)

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