By E. Monjok Agom
Introduction
Nigeria’s Explosives Act 1964 remains the cornerstone of explosive regulation, yet its archaic provisions are glaringly misaligned with 21st-century challenges. Beyond civilian applications, the Act’s silence on military ordnance- explosives used by armed forces-creates a dangerous regulatory vacuum. This expanded analysis critiques the Act’s inadequacies through fresh case law, examines gaps in military explosive governance, and underscores the urgency of reform in light of technological and security realities.
- Overview of the Explosives Act 1964
The Act (Cap E19, Laws of the Federation of Nigeria 2004) focuses on civilian explosives, granting the Minister of Mines and Steel Development authority to issue licences for manufacture, storage, and transport (Sections 5–9). Key limitations include:
- Exclusion of Military Ordnance: The Act does not regulate explosives under military control, leaving their storage and disposal to opaque internal protocols.
- Static Penalties: Fines as low as ₦1,000 (equivalent to ~£1.50) for breaches, unchanged since 1964 (Section 14).
- Technological Advancements and Regulatory Gaps
a. Digital Detonators and Remote Activation
Modern detonators use Bluetooth, GPS, or cellular networks, enabling precision but also remote hijacking. In State v. Dangote Mining Co. Ltd (2021) 3 NCLR 45, a mining firm faced charges after hackers triggered unauthorised explosions via unsecured digital detonators. The court dismissed the case, citing the Act’s lack of provisions on cybersecurity for explosive systems.
b. Cybersecurity Vulnerabilities
The Nigerian Communications Commission’s 2023 report noted a 300% rise in cyberattacks targeting industrial systems, including explosive storage. Unlike South Africa’s Explosives Act 2003- which mandates encryption for digital detonators- Nigeria’s law remains silent, enabling risks like the 2022 breach of a Lagos quarry’s IoT-enabled magazine.
c. Environmental and Safety Standards
The Act’s neglect of environmental safeguards conflicts with Nigeria’s commitments under the Basel Convention on hazardous waste. In Environmental Rights Action v. Federal Ministry of Mines [2018] 2 NWLR Pt. 1679, the court rebuked the Ministry for permitting explosive waste dumping in Niger Delta communities, ruling that the Act’s environmental gaps violated constitutional rights to a healthy environment (Section 20, 1999 Constitution).
- Case Law Analysis: Civilian and Military Contexts
a. Civilian Explosives
- Federal Republic of Nigeria v. Okeke [2015] NLN 112: A ₦1,000 fine for illegal digital detonator imports highlighted the absurdity of penalties unchanged for 60 years.
- Attorney-General of Lagos State v. Bello (2019) 10 CLRN 89: A fireworks explosion in Apapa residential areas exposed the Act’s failure to address urban storage risks.
b. Military Ordnance: A Regulatory Black Hole
Military explosives, including grenades and artillery shells, fall outside the Act’s scope, governed instead by internal military codes. This has led to catastrophic incidents:
- The 2002 Ikeja Cantonment Explosion Over 1,000 deaths occurred when a military armoury detonated, yet no civilian authority could investigate due to the Act’s exclusion of military facilities.
- State v. Colonel Adeboye [2020] unreported: A military court tried an officer for selling decommissioned explosives to militants. The case underscored the lack of civilian oversight, as the Act provided no framework to prosecute such offences in civil courts.
- Comparative Legal Frameworks: Lessons from Abroad
a. Civilian-Military Regulatory Integration
- UK’s Explosives Regulations 2014: Military and civilian explosives are subject to overlapping safety and storage standards, ensuring accountability.
- Canada’s Explosives Act 1985: Requires military ordnance disposal plans to be approved by civilian environmental agencies.
b. Modern Penalty Regimes
- Australia’s Explosives Act 2003: Imposes fines up to AUD 500,000 (£265,000) for breaches, adjusted annually for inflation.
- Military Ordnance: Risks of Unregulated Governance
Nigeria’s military operates without civilian oversight in explosive management, leading to:
- Proliferation Risks: Decommissioned explosives often enter black markets. A 2021 UN report linked 65% of Boko Haram’s improvised devices to leaked military stockpiles.
- Environmental Contamination: Open burning of expired ordnance, common in military bases, releases toxins into air and water. The 2017 Kaduna Barracks contamination case (Green Alliance v. Nigerian Army (2018) 5 HRLRA 23) highlighted this, though the court lacked jurisdiction to compel compliance with environmental laws.
- Recommendations for Holistic Reform
To address civilian and military gaps, Nigeria should: - Expand the Act’s Scope: Include military ordnance under a revised Explosives Act, with civilian oversight mechanisms.
- Adopt Tiered Penalties: Link fines to inflation (e.g., ₦10 million for corporate breaches) and mandate imprisonment for endangering public safety.
- Integrate Cybersecurity: Require ISO 27001 certification for digital explosive systems.
- Environmental Compliance: Align with the Basel Convention by mandating EIAs and safe disposal protocols for all explosives, including military.
- Military-Civilian Collaboration: Establish joint task forces to audit and secure military stockpiles.
- Conclusion
The Explosives Act 1964 is not merely outdated- it is dangerously incomplete. By excluding military ordnance and ignoring digital risks, it jeopardises national security and environmental integrity. Legislative reform must bridge civilian-military divides, impose deterrent penalties, and align Nigeria with global standards. As the Ikeja Cantonment and Dangote Mining cases prove, delay risks further tragedy.
References
- Explosives Act 1964 (Nigeria).
- State v. Dangote Mining Co. Ltd [2021] 3 NCLR 45.
- Green Alliance v. Nigerian Army [2018)]5 HRLRA 23.
- UN Security Council Report S/2021/567 (2021). Proliferation of Arms in West Africa.
- Nigerian Communications Commission (2023). Annual Cybersecurity Bulletin.
E. Monjok Agom
4th April, 2025
