Open Grazing is No North-South Issue

GUEST COLUMNIST BY FEMI FALANA

The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN was reported Wednesday to have condemned the ban on open grazing by the Southern Governors’ Forum. The AGF stated that the ban on open grazing is unconstitutional as it affects the right of herders to move freely in the country.

With respect, the ban on open grazing has not affected the rights of herders to move freely and acquire land in any state for the establishment of ranches in line with the provisions of sections 41 and 43 of the Constitution. Since the Constitution does not cover the right of animals to move freely and destroy farmlands it is grossly misleading to give the impression that the ban on open grazing has abrogated the right of herders to carry out their business.

With respect to the movement of animals in the country the Animal Diseases (Control) Act and similar laws applicable in the states have empowered the Minister of Agriculture and relevant state commissioners to make appropriate regulations to regulate the movement of animals and prevent them from transmitting diseases.

The AGF equally said that banning open grazing is like banning the sale of spare parts. The comparison is not applicable as the sellers of motor parts who operate in shops and markets in all states have not been accused of engaging in the killing of fellow citizens and destruction of their properties. Besides, those who sell spare parts outside their states of origin either acquire properties or pay rent for the their lawful business.

However, in order to halt the incessant violent clashes between farmers and herders which had led to mindless killings and wanton destruction of properties in many parts of the country the federal government and the 36 state governments have, at various fora, banned open grazing in all states of the federation and the Federal Capital Territory.
In view of the desperate moves of some members of the geo-political class to divide the Nigerian people along regional basis it is pertinent to draw the attention of the members of the public to the following reports:

On April 27, 2018, the members of the National Economic Council (NEC) resolved to ban open grazing and adopt the Livestock Transformation Plan of the federal government. The NEC is constituted by the Vice President, the 36 state governors, the Minister of Finance and the Central Bank Governor.

On February 9, 2021, the Northern Governors’ Forum banned open grazing in all states in Northern Nigeria. On February 11, 2021 the Nigeria Governors’ Forum banned open grazing in all the 36 states of the federation. On May 14, 2021 the Southern Governors’ Forum banned open grazing in the 17 states in Southern Nigeria
On May 18, the PDP Governors Forum endorsed the decision to ban open grazing in the entire country.

Based on the ban on open grazing, not fewer than 24 states governments have submitted applications to the Federal Ministry of Agriculture for grant to facilitate the establishment of ranches in line with the Livestock Transformation Plan of the federal government.

Meanwhile, Governor Umar Ganduje of Kano State has invited herders who are adversely affected by the ban on open grazing to settle down in the Ruga Settlement established by the state government. While commission the first batch of 25 housing units out of the 200 earmarked for RUGA settlement
the governor said that his government engaged in the project for two fundamental reasons: “first and foremost is to avoid clashes between farmers and herders, secondly to avoid movement of herders which is the source of conflict and to avoid cattle rustling.”

Mr. Malami should be reminded that he is the Attorney-General of the Federation and Minister of Justice of the Federal Republic of Nigeria. So, in making statements he should always take due regards of the sensibilities of every part of the country and respect all legitimate interests of the entire people of the country. Mr. Malami should please stand up for social justice and unity of Nigeria in the interest of all as required of him in accordance with his Oath of Office under the 1999 Constitution.

I had cause to draw public attention to this issue after the virtual meeting of Northern Governors’ Forum held on February 9, 2021.The members of the forum unanimously resolved to ban open grazing. According to the communique issued at the end of the meeting, it was stated that the forum noted with concern “the growing wave of insecurity in the country particularly as it relates to the circulation of unverified video clips on social media portraying violent attacks on persons in some parts of the country. Therefore, the forum called on political leaders to segregate between criminality and social groups in their domains with a view to treating criminals as criminals.

The forum reiterated the condemnation of every form of criminality whether from herders, hunters, or farmers occupying forest reserves illegally. It also noted with concern the tension generated by the eviction order issued to herdsmen in some parts of the country. And it expressed concern that this is heating the already fragile security atmosphere with threats of reprisals which the northern governors are working assiduously to contain.”

The forum also noted with concern that “the current system of herding conducted mainly through open grazing is no longer sustainable in view of growing urbanization and population of the country.”

Consequently, the forum resolved to aggressively sensitise herdsmen on the need to adopt new methods of herding by ranching or other acceptable modern methods. It appealed to the federal government “to support states with grants to directly undertake pilot projects of modern livestock production that will serve as springboard and evidence for breaking resistance to the full implementation of new methods of livestock production (and) resolved to engage elders and youths in a robust discussion with a view to dousing the tensed security environment in the north and called on all the citizens of the north to continue to live in peace with all Nigerians irrespective of their origins and backgrounds.”
The forum stressed the urgent need for the Nigerian Governors’ Forum (NGF) to meet and discuss the issue holistically with a view to resolving all areas of misunderstanding and conflicts arising from these threats and suspicion for the sake of national unity.

In response to the call of the Northern Governors’ Forum for an urgent meeting, the Nigeria Governors’ Forum held a virtual meeting on February 11, 2021. At the meeting the 36 state governors agreed by consensus to end nomadic cattle rearing in the country in order to end the incessant violent clashes between farmers and herders. In the communique of the governors it was categorically stated as follows: “Following an update from governors on the various initiatives taken by state governments to address the rising insecurity in the country due to the activities of herdsmen, members reached a consensus on the need for the country to transition into modern systems of animal husbandry that will replace open, night and underage grazing in the country.”

It was further stated in the communique that “State governments are encouraged to put in place systems to accelerate the grazing initiative of the National Livestock Transformation Plan (NLTP) and ranching in the country.” However, the Forum urged state governments to respect “the right of abode of all Nigerians and strongly condemns criminality and the ethnic profiling of crime in the country in an effort to frame the widespread banditry and the herders /farmers crisis.”

At its own meeting held at Asaba, Delta State on May 11, 2021, the Southern Governors Forum reiterated the decision of the Nigeria Governors’ Forum to ban open grazing in the country.

Curiously, Professor Usman Yusuf has condemned the decision of the Southern Governors’ Forum on the ban. Even though he did not condemn the decisions of the Northern Governors’ Forum and the Nigeria Governors Forum, Usman has argued that the decision of the Southern Governors’ Forum could not be justified under the Land Use Act. Such divide-and-rule tactics are designed to further polarise the masses of our people.

In any case, the decision of all the governors to ban open grazing is in line with section 1 of the Land Use Act which has vested the entire land in every state in the governors on behalf of the people. Accordingly, any person or corporate body that wishes to use land in any state is required to apply for a certificate of occupancy issued by the governor.

•Mr. Falana, SAN, is the Interim Chair of theAlliance on Surviving Covid-19 and Beyond (ASCAB)

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A Governor Lacks Power to Declare Anyone Wanted

The democratic sensibilities of all lovers of freedom must have been severely assaulted decision of Governor Nasir El-Rufai to declare the President of the Nigeria Labour Congress, Ayuba Wabba “wanted” as contained in his Twitter handle. According to the governor, Ayuba and other leaders of the NLC have contravened the provisions of the Miscellaneous Offences Act.

The statement is laughable as it is common knowledge that Wabba and his colleagues are on the streets of Kaduna leading the peaceful protests embarked upon by the entire workers in the state since yesterday. The order of the governor cannot be enforced for the following reasons:

• By the combined effect of the Trade Union Act and the Nigerian Constitution, Comrade Wabba and other labour leaders have the unquestionable rights to participate in the peaceful warning strike and mass protests against further retrenchment of workers in the Kaduna State public service.

•The Miscellaneous Offences Act is not a state statute but a federal enactment. To that extent, if Governor El-Rufai has evidence that Wabba and other labour leaders have contravened any provisions of the Act he is required to lodge a complaint in any of the police stations in Kaduna State. The governor lacks the power to declare any alleged offender wanted under the Act or any other law whatsoever.

• Furthermore, since Wabba and other labour leaders are entitled to the fundamental right of fair hearing including presumption of innocence
guaranteed by section 36 of the Constitution the Governor of Kaduna lacks the power to declare them wanted. In Benedict Peters v. Economic and Financial Crimes Commission & Anor. (Suit No: FCT/HC/BW/CV/23/2021) of 22nd March, 2018 even though the EFCC had obtained a warrant for the arrest of the plaintiff, the court held that “But neither the said warrant nor any of those statutes, including the Police Act and the Administration of Criminal Justice Act provide that the 1st Respondent can declare any person who is suspected to have committed an offence, but is evading warrant of arrest as a wanted person, without an order of court first had and obtained.”

In view of the foregoing, we call on the authorities of the Nigeria Police Force and other security agencies to ignore the illegal statement credited to Governor El-Rufai.
In Eperokun v. University of Lagos (1986) 4 NWLR (PT 34) 162 at 172, the Supreme Court held that “…constitutionally entrenched provisions, particularly those safeguarding individual rights, should not, save in a fascist system, be lightly trampled upon.”