FIREARMS ACT

Section 28: Penalties.

1959Section 28 of 41Federal Republic of Nigeria

(1) Any person who contravenes any of the provisions of this Act specified in paragraphs (a), (b) and (c) of this section, shall be guilty of an offence and shall be liable on conviction-
(a) as to any offences under any of the following-
(i) section 3 of this Act, (which prohibits the possession or control of firearms or certain categories),
(ii) section 18 of this Act, (which prohibits the importation or exportation of firearms or ammunition other than through prescribed ports),
(iii) section 19 of this Act, (which restricts the importation or exportation of certain firearms or ammunition), and
(iv) section 23 of this Act, (which prohibits the manufacture, assembly, or repair of firearms and ammunition), to a minimum sentence of ten years;
(b) as to any offences under any of the following-
(i) section 4 of this Act, (which restricts the possession or control of personal firearms),
(ii) section 9 of this Act, (which restricts the possession or control of ammunition in respect of certain firearms),
(iii) section 10(1) of this Act, (which prohibits any dealing in arms or ammunition),
(iv) section 20 of this Act, (which restricts the importation of personal firearms or ammunition), and
(v) section 27 of this Act, (which, among other things, prohibits the shortening of smoothbore firearms), to imprisonment for a term not exceeding five years,
(c) as to any offences under any of the following-
(i) section 5(3) of this Act, (which restricts the possession or control of a muzzle-loading firearm within a specified area),
(ii) section 6 of this Act, (which prohibits possession or control of a muzzle-loading firearm in Lagos,
(iii) section 8(2) of this Act, (which requires notification of loss, theft or destruction and certain other things with respect to firearms),
(iv) section 11 of this Act (which relates to a registered dealer's armoury),
(v) section 12 of this Act (which deals with the sale or transfer of firearms or ammunition to licence holders), and
(vi) section 13 of this Act (which relates to the stamping of all firearms sold or transferred), to a fine of one thousand naira or imprisonment for a term of two years or to both such fine and imprisonment.
(2) Where a person contrary to section 21 of this Act imports or causes to be imported firearms or ammunition by post or, contrary to section 22 of this Act, exports or causes to be exported any firearms or ammunition therein referred to, he shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than ten years.
(3) In addition to the penalties prescribed in subsection (1) or (2) of this section, any court of law may order the forfeiture of any firearm or ammunition to which the offence relates and any such forfeited firearm or ammunition shall be disposed of in accordance with the instructions of the Inspector-General of Police.
(4) A person charged with an offence under the provisions of subsection (1)(a), (b) or (c) of this section may be tried summarily in any part of Nigeria.
(5) Every magistrate shall, without prejudice to any enactment relating to the jurisdiction of any other court of law, have and exercise jurisdiction for the summary trial of any person charged with an offence under the provisions of subsection (1)(a), (b) or (c) of this section and may impose the penalties prescribed herein notwithstanding anything to the contrary contained in any other enactment.

Cite this section

Section 28, FIREARMS ACT (1959).

https://repo.podus.ai/laws/firearms-act/section/28/