Nigeria’s House of Representatives has approved 25 year imprisonment and above for anyone convicted for breach of the new Explosive Act in Nigeria.
This was stipulated in clause 26 of the newly adopted bill for an Act to amend the Explosives Act, Cap. E18 Law of the Federation of Nigeria, 2004 relating to their regulations, penalties for defaulters, to make provision for importation, manufacture, distribution, storage, possession and use of firecrackers and explosives and re-enact the Explosive Act, 2017 to make comprehensive provisions for the use and control of explosives in Nigeria and for matters connected.
According to report adopted by the House, any person convicted of a contravention of or failure to comply with section 21(2) of the bill, is liable to imprisonment for a period not exceeding 25 years.
Whosoever breached provisions of “sections 10(1 or 20), 3(1), 13(1, 2 or 3), 14(1) or 16 of the Act is liable, in vase of first offender, to imprisonment for a period not exceeding 15 years; second offender, to imprisonment for a period not exceeding 20 years; and third or subsequent offender to imprisonment for a period not exceeding 25 years.”
Meanwhile, the bill confers additional powers to the Inspector General of Police, to regulate the use, disposal and destruction of explosives; construction of explosive magazines; conditions under which the manufacture of explosives other than in a licensed explosives manufacturing site may be carried out; storage of explosives; classification, composition, testing and analysis of explosives.
The Inspector General of Police is also empowered to grant to license and certificate to an end-user or dealer or broker in explosive; cancel and suspend of any permit or license issued; prohibit transportation of explosives.
Similarly, the bill empowers the Chief Inspector who’s to be appointed by the President, the powers to revoke any license issued if he is not satisfied that the holder if the license is no longer suitable person.
Clause 9(1) of the bill also empowers the Minister to prohibit the transportation of any explosive from any place to Amy place in or outside Nigeria, for such a period as may reasonably be necessary, except under such conditions as may be set out in the notice.
Similarly, the Minister may prohibit the storage, removal, possession or use of explosives within any particular area by any person or by specified categories of persons, and may limit or vary conditions of any license or permits held or issued.
Clause 5 of the bill also provides that “if any explosives seized in terms of section 5 are forfeited to the Federal Government in teems of the Criminal Procedure Act or Administration of Criminal Justice Act, the Chief Inspector may instruct that the explosives must be kept for research and development purposes; sold to cover expenses incurred in the storing of the explosives pending the finalization of the criminal proceedings or destroyed in accordance with section 6 of the bill.
Following the adoption of the recommendations of the House Committee on Police Affairs during the Committee of the Whole, the House is expected to pass the bill through Third Reading at the next legislative day and subsequently transmit to the Senate for concurrence.
Some of the stakeholders who spoke at the public hearing held on the 11th July, 2017 include: Sadiq Abubakar, Chief of Air Staff; Ibrahim Idris, Inspector General of Police proposed 10 years imprisonment for anyone who breach the Explosives Act, without an option of fine.
On his part, Haliru Jika, chairman, House Committee on Police Affairs who chaired the public hearing, noted that the review of the Act is to curb illegal usage if explosives regulation of importation, manufacture, storage and distribution considering the recent security challenges bedeviling the country. It is also to address illegal diversion of explosives by by some companies minded people.”
In his keynote address, Speaker Yakubu Dogara who was represented by Leo Ogor, Minority Leader noted that the proposed amendment of the Explosive Act became necessary as a result of the current insecurity challenges facing the country.
