Illegal Possession of Firearms: Isaac Jolapamo May Be Arraigned in February 2023

A former President of the Nigerian Indigenous Shipowners Association (NISA), Chief Isaac Jolapamo, may soon be telling a court all he knows about some firearms allegedly found in his possession in March 2021.

This is because the Federal High Court, in Lagos, has thrashed his application to refrain the Nigeria Police as well as the Attorney General of the Federation (AGF), Mallam Abubakar Malami, a Senior Advocate of Nigeria, or/and their proxies from arraigning him in court for the alleged offence.

Jolapamo had approached the court through his lawyer, Mr. Femi Falana, a Senior Advocate of Nigeria, seeking an order of interim injunction restraining the Inspector General of Police, IGP, and the AGF, either by themselves, servants or privies, from arranging him at the Federal High Court, Ikoyi, Lagos, as per charge No. FHC/L/404C/22, accusing him of illegal possession of firearms pending the final determination of the origination motion.

But on Friday, December 9, 2022, Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos, struck out Jolapamo’s application and ordered him to go and face his trial before Justice Yelim Bogoro, and challenge the charge filed against him by the Police.

The Police had, in charge number FHC/L/404c/22, accused Jolapamo of being in possession of some illegal firearms, including a Mar-22 calibre rifle, a pump-action gun, and a double-barreled gun, all without lawful authorisation.

The three-count charge filed against Jolapamo reads:

“That you Mr. Isaac Jolapamo ‘M‘, sometime in March 2021 in Ikoyi, , Lagos State within the jurisdiction of this Honourable Court did commit a felony, to wit; unlawful possession of Mar-22 Calibre Rifle with reference number 967475; you thereby committed an offence contrary to section 3, and punishable under section 27(1)(a)(i) of the Firearms Act.

“That you Mr. Isaac Jolapamo ‘M’, sometime in March 2021 in Ikoyi,  Lagos State within the jurisdiction of this Honourable Court did commit a felony, to wit; unlawful possession of Pump-Action gun with reference number 9331425, you thereby committed an offence contrary to section 4 and punishable under section 27(1)(b)(i) of the Firearms Act.

“That  you, Mr. Isaac Jolapamo ‘M’, sometime in March 2021 in Ikoyi, Lagos State within the jurisdiction of this Honourable Court did commit a  felony, to wit: unlawful possession of Double-barrel gun; you thereby ‘committed an offence contrary to section 4 and punishable under section 127 (1)(b)(i) of the Firearms Act.”

However, Jolapamo, through his lawyer, Mr. Femi Falana, told the Federal High Court, in Lagos, that the Police had already concluded investigation into the matter, and could not establish a prima facie case  against the applicant.

Falana also submitted that “investigation so far conducted by the Police revealed that the subject matter of this case borders on a claim of ownership of property, and the matter is pending before the Lagos high court.”

Falana, therefore, concluded that the case against his client was defective, and if he (Jolapamo) was arraigned, it would violate his rights to liberty and fair hearing.

The Senior Advocate further argued that Section 46 of the constitution empowered the court to protect the rights of all citizens to liberty.

But opposing the application, counsel to the prosecution, Anthony Iyeye, submitted that since a charge had been filed before the court, the only option available to the applicant was to take his plea.

The applicant, Iyeye further argued, cannot raise an objection as to the validity of a charge since he had not taken a plea.

Consequently, he urged the Court to dismiss the application as it constituted an abuse of court process.

In the meantime, Justice Yelim Bogoro has fixed February 10, 2023, for Jolapamo’s arraignment.