The court in a ruling by Justice J.K. Omotosho further declared the appointment of Friday Sani Makama as Director General of the Special Task Force on Illegal Smuggling of Firearms as made by the Executive Governor as illegal, null and void.
The Federal High Court sitting in Abuja has restrained Governor Yahaya Bello of Kogi State from controlling or attempting to regulate the possession of or dealing in firearms in the state.
The court in a ruling by Justice J.K. Omotosho further declared the appointment of Friday Sani Makama as Director General of the Special Task Force on Illegal Smuggling of Firearms as made by the Executive Governor as illegal, null and void.
Justice Omotosho gave the order on October 5 in suit number FHC/ABJ/CS/697/2 filed by Hon. Ahmadu Danjuma against the Governor of Kogi State, Mr. Friday Sani Makama, the Director General, State Security Service, the Director-General, National Intelligent Agency, the Inspector General of Police and the National Security Adviser.
In a certified true copy of the order dated October 13, 2023, which SaharaReporters obtained, the court set aside the appointment of Mr. Friday Sani Makama as Director General of the Special Task Force on Illegal Smuggling of Firearms in Kogi State by Governor Yahaya Bello.
The court ordered the Director General of SSS (State Security Services) and the National Security Adviser to investigate and retrieve all firearms and ammunitions in Mr. Makama’s possession or under the control of the Special Task Force.
The court ruled that the Governor of Kogi State did not possess the authority to unilaterally regulate or control the possession and dealing in firearms within the state, saying the proper agencies responsible for regulating firearms in Kogi State and Nigeria are the Director General of the State Security Service, the Director General of the National Intelligence Agency, and the Inspector General of Police, under the guidance of the National Security Adviser.
It therefore declared the appointment of Makama by Governor Bello as Director General of the Special Task Force on Illegal Smuggling of Firearms to Kogi State as “illegal, null and void” as the appointment was deemed not only unlawful but also a potential threat to the safety and security of Kogi State.
The judgment partly read: "THAT the 1st Defendant has no powers to unilaterally regulate or control the possession of or dealing in firearms in Kogi State or any part thereof
"THAT the 3rd to 6th Respondents are the proper agencies to regulate the possession of and dealing in firearms and ammunitions in Kogi State, and Nigeria
"THAT the appointment of the 2nd Defendant by the 1st Defendant as Director General, Special Task Force on Illegal Smuggling of Firearms to Kogi State for the purpose of superintending firearms in Kogi State is illegal, null and void.
"THAT, the appointment of the 2nd Defendant as Director General, Special Task Force on illegal Smuggling of Firearms to Kogi State is illegal and constitutes a threat to the safety and security of Kogi State.
"THAT AN ORDER is hereby made setting aside the appointment of the 2nd Defendant by the 1st Defendant as Director General, Special Task Force on Illegal Smuggling of Firearms to Kogi State
"THAT AN ORDER is hereby made directing the 3rd to 6th Defendants to invite, interrogate and Investigate, the 2nd Defendant and all persons working with, or under him with a view to receiving, repossessing and/or retrieving all firearms currently in his possession or in possession of the Special Task Force or any member thereof.
"THAT AN ORDER of perpetual injunction is hereby made, restraining the 1st Defendant from regulating or controlling or purporting to regulate or control the possession of, or dealing in firearms in Kogi State or any part thereof."