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An appraisal of the ecowas legal regime on proliferation and misuse of small arms and light weapons: a case study of nigeria

 

Table Of Contents


Thesis Abstract

The Economic Community of West African States (ECOWAS) has implemented a legal regime aimed at addressing the proliferation and misuse of small arms and light weapons (SALW) in the region. This study focuses on appraising the effectiveness of the ECOWAS legal framework in combating the proliferation and misuse of SALW, with Nigeria as a case study. The proliferation and misuse of SALW pose significant security challenges in West Africa, including Nigeria, leading to armed violence, conflicts, and threats to peace and stability. ECOWAS recognized the need for a comprehensive legal framework to control SALW and prevent their illicit trade and use. The ECOWAS Convention on Small Arms and Light Weapons, their Ammunition, and Other Related Materials serves as the primary instrument for regulating SALW within the region. In the case of Nigeria, despite being a signatory to the ECOWAS Convention and enacting domestic laws to control SALW, challenges persist in effectively implementing these legal provisions. Issues such as porous borders, corruption, weak law enforcement capacity, and lack of coordination among relevant agencies contribute to the continued proliferation and misuse of SALW in Nigeria. This study employs a qualitative research approach, including document analysis and interviews with key stakeholders involved in SALW control in Nigeria. By examining the gaps and challenges in implementing the ECOWAS legal regime at the national level, this research aims to provide insights into improving the effectiveness of SALW control measures in Nigeria and the ECOWAS region. The findings of this study are expected to contribute to the existing literature on SALW proliferation and control in West Africa, particularly in the context of the ECOWAS legal framework. Recommendations will be made for enhancing coordination among ECOWAS member states, strengthening institutional capacity, and addressing the root causes of SALW proliferation and misuse in Nigeria. Ultimately, this research seeks to support efforts towards achieving sustainable peace and security in West Africa by effectively addressing the challenges posed by the proliferation and misuse of small arms and light weapons.

Thesis Overview

This dissertation examines the Proliferation and Misuse of Small Arms and Light Weapons under the ECOWAS Legal regime taking Nigeria as a case study. The objective of this dissertation it to find out why small arms and light weapons have continued to proliferate in Nigeria despite being a signatory to the ECOWAS Legal Regime, in this case, the ECOWAS Convention on Small Arms and Light Weapons and Other Related Materials. Using Doctrinal Methodology, the dissertation shows that Small Arms and Light Weapons proliferation and misuse has increased criminality, youth violence, hostage taking, militancy, community crises, oil bunkering and insurgency. More so, it further asserts that their wide availability fuels ethno/religious conflict, political instability and has direct influence on the escalation and sustenance of peace, insecurity and development.This dissertation examines the sources of small arms and light weapons, the motivational forces behind the proliferation and Federal Government initiatives to curb this menace in Nigeria. It also focuses on the legal regime on small arms as they concern the control of small arms proliferation in Nigeria and argues that the National Law in place is out-dated and inadequate to curtail and impede the proliferation and misuse of SALW. It further argues that though the extant ECOWAS legal regime is robust enough to support any sustainable progress in this area, however, non-compliance by member States and particularly Nigeria to harmonise their laws with the provisions of the ECOWAS Convention certainly lives much to be desired.Findings revealed that the inability of the Nigeria government and the law enforcement agencies to check the supply and the demand factors of the proliferation of SALW in Nigeria has heightened and worsened the security situations in the country. To this extent, the dissertation recommended amongst others, that there should be significant changes in the National legislation harmonizing same with the ECOWAS Convention because of the minimum standard requirement in article 21 of the Convention while dealing with the demand factors of SALW that heightens the proliferation of SALW by partnering with the private sector to undertake an aggressive job creation programme for Nigeriaβ€˜s teeming and idle youths.



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