Presidency Affirms Constitutional Right to Self-Defense, Mandates Strict Gun Licensing

Senior Special Assistant to President Bola Tinubu on Policy Communication, Daniel Bwala, has stated that the Nigerian Constitution grants citizens the right to private self-defence and that individuals and communities may lawfully apply for government licences to possess arms permitted under the law for protection against insecurity.

Bwala made the remarks during an interview on ARISE News on Wednesday, May 20, 2026. As the presidential aide responsible for policy communication, he was articulating government positions on national security challenges.

“The Constitution grants every Nigerian citizen the right to private defence. You have the right to defend yourself,” – Bwala.

He added that communities also possess a collective right to organise lawfully and seek official approval to possess arms permitted by law “as a vanguard in their communities.”

The right to self-defence is explicitly recognised in Section 33(2)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which provides that a person shall not be regarded as having been deprived of life if death results from the use of reasonable force in defence of any person from unlawful violence or for the defence of property.

This is further detailed in the Criminal Code Act (applicable in southern states) under Sections 286 – 294 and in the Penal Code (applicable in northern states, including Adamawa) under Sections 59 – 66.

Bwala acknowledged the government’s regret over the prevailing security situation and assured citizens that the Tinubu administration remains committed to tackling the problem. He noted that the president continues to urge national unity, faith in government efforts, and closer collaboration between citizens and security agencies.

The presidential aide further observed that insecurity tends to intensify in the period leading up to major elections, describing it as part of a “crisis economy” driven by political and economic interests. He cited patterns observed ahead of elections in 2014 – 2018, 2022, and now 2026, but expressed confidence that “the will and spirit of the collective people” would ultimately overcome the challenge.

Firearm possession in Nigeria is strictly regulated by the Firearms Act of 1959 (Cap F28, Laws of the Federation of Nigeria 2004). The Act divides firearms into categories.

Prohibited firearms (Part I of the Schedule), such as automatic weapons, require a licence granted at the discretion of the President. Personal firearms (Part II of the Schedule) – which include non-automatic shotguns, sporting rifles, muzzle-loading dane guns, cap guns, and air rifles – may be licensed by the Inspector-General of Police. Handguns and most semi-automatic weapons are generally not available to civilians. Licences are not granted as of right; they are a privilege issued only after rigorous vetting.

The licensing process, managed through the Nigeria Police Force, involves an online application via the NPF portal (www.npf.gov.ng), submission of bio-data, background checks for criminal records, mental health, and substance abuse issues, as well as requirements for safe storage and annual renewal. Applicants must be at least 17 years old, and the licensing authority may refuse any application without assigning a reason.

Public discourse on self-defence rights has been shaped in part by high-profile cases such as that of Sunday Jackson, a farmer from Dong Community in Numan Local Government Area of Adamawa State. In 2015, Jackson was attacked on his farm by a Fulani herder, Buba Bawuro, who allegedly stabbed him. Jackson disarmed his attacker and used the same knife in self-defence, resulting in the herder’s death.

He was charged with culpable homicide punishable with death under the Penal Code, convicted, and sentenced to death by hanging in February 2021 by an Adamawa High Court. The Court of Appeal and, on March 7, 2025, the Supreme Court upheld the conviction and sentence. Jackson spent nearly a decade in custody – much of it on death row at Kuje Medium Security Custodial Centre in Abuja – before Adamawa State Governor Ahmadu Umaru Fintiri granted him a full pardon on December 23, 2025, as part of Christmas clemency, citing compassion and the circumstances of the case. The episode has been widely cited in debates about the practical application of self-defence provisions in rural areas plagued by farmer-herder clashes.

Bwala clarified that any community initiative would require formal government licensing and oversight, consistent with the Firearms Act.