The Existence of Grazing Routes in Nigeria: Fact or Fiction (Part 2)

Introduction

Last week, we commenced this vexed issue on the existence of grazing routes in Nigeria, fact or fiction. Today, we shall continue our discourse. Read on.

The Southern Governors’ Accord and Reaction of the Federal Government (Continues)

He revealed that he had asked the AGF to begin the process of recovering land from persons who have allegedly converted cattle grazing routes for their personal use. In his words:

“What I did was ask him to go and dig the Gazette of the First Republic, when people were obeying laws. There were cattle routes and grazing areas. Cattle routes were for when they (Herdsmen) are moving up country, north to south or east to west, they had to go through there.

“If you allow your cattle to stray into any farm, you are arrested. The farmer is invited to submit his claims. The Khadi or the Judge will say pay this amount, and if you can’t the cattle is sold. And, if there is any benefit, you are given and people were behaving themselves. In the grazing areas, they built dams, put windmills in some places, there were even veterinary departments so that the Herders are limited. Their route is known, their grazing area is known. So, I asked for the Gazette to make sure that those who encroached on these cattle routes and grazing areas will be dispossessed in law, and try to bring some order back into the cattle grazing.”

Reactions to Mr President’s Statement

The kite flown by President Buhari, expectedly provoked reactions from different quarters across Nigeria.

Are there Grazing Routes in Nigeria?

When this question was thrown up by the Guardian newspaper, Prof. Agu Gab Agu, Professor of Law and a former Dean, Faculty of Law, replied thus:

“What do you think about the move by the Federal Government to reopen grazing routes for cattle rearers? Where will those cattle be going? I was encouraged when they were rebuilding train stations and tracks, because that, to me, is required for improvement on economic development. Why should we be talking about cattle routes at this time? They should be talking about donkey and camel routes as well. It does not exist in this part of the country. I think it is only in the North that they have such. But, I am not even sure that it is backed by adequate legislation; so on what point is the person going to stand to implement it?

“There were a few things that were done in those days to aid movement of people, so that they could reduce congestion on major ways. It does not have legal backing, and it is anachronistic to think about cattle routes at this time. Is there any law backing cattle as having rights to free movement in Nigeria? Those fuelling this should consider some of these things. It is unfortunate that we are thinking in this direction, instead of issues that should deepen development in Nigeria”.

In the past, there were what could be called footpaths and motor paths. Those were drawings made and eventually improved on by our local technicians, with no legal backing whatsoever. So, they were difficult to enforce. There did exist grazing routes in certain parts of Nigeria, as a form of informal arrangement; but, there was never a National law on grazing suggested by President Buhari to back this up, except in some States in the North.

The Senate Spokesman, Dr. Ajibola Basiru (APC, Osun Central), while speaking on this issue, opined thus:

“Nigerians should be concerned over whether the Nigerian President is actually getting the correct legal advice from his Attorney-General and the legal team.

As far as I am concerned, as a legal practitioner, there is nothing like grazing routes or grazing reserve law, in the Laws of the Federation of Nigeria. There is nothing like that.

“There is no Federal legislation that the President can implement over such matter. The executive powers of the President, merely rely on the powers of the National Assembly to make laws, when you look at Section 5 of the Constitution.

“Any area where the National Assembly cannot make laws, and there is no express grants of powers to the President under the Constitution, a purported exercise of power by the President in that regard, will be null and void because it is inconsistent with the Constitution by Section 1(3) of the 1999 Constitution.

“I am aware that there is a Northern Nigerian law on reserve and grazing routes, which was promulgated by a 1964 Decree by the Premier of the defunct Northern Nigeria region. It is not a Federal law, unless the legal adviser to Mr President is equating a Northern Nigeria law, which was not applicable in the West, Mid-west, and Eastern Region or in anywhere in the Southern part of Nigeria, to be a Federal or a Nigerian law.

“The President does not have the power to implement that law, because it is not a Federal law. He can only implement Federal legislation made by the National Assembly or deemed to have been made by the National Assembly. The grazing routes law is not a National Assembly law, so there is nothing for the President to implement. It is regrettable that, the President has not been properly advised by his Attorney-General and the legal team”.

“The purport of the Grazing Reserve Law, contrary to the impression being sought to be created, is to create grazing reserve areas with necessary legal requirements, and criminalise grazing outside the grazing areas.

“Under those laws, animals are only allowed to graze in the grazing reserve or “trade route”. In fact, Section 37 of Grazing Law CAP G3 Laws of Kwara State, provides that an offence is committed by any person, being the owner of specific animal or the person in taking care of who; “(a) allows such animal to graze anyhow other than grazing reserves or trade route established pursuant to this law; or (b) fails to control such animal and the animal causes damages to any crops.

“Section 40 of the law also prohibits possessing, carrying or using for any purpose, any firearms or other weapons for other purposes in the grazing areas. There is also provision for a constitution for local government grazing reserve, in the law.

“Rather than making reference to laws that do not exist or not applicable, what is required and should be pursued by our Government and my great party, the All Progressives Congress as the way forward to address the issue of Farmers and Herdsmen crisis is to adopt, promote and finance the modern animal husbandry by way of ranches and modern grazing reserves.”

According to a report obtained from the Vanguard online, Nigeria has 415 grazing reserves in 21 States, with just two in the entire South, of which 141 are gazetted. This is contained in a statement issued by the Director, Department of Animal Husbandry Services, Federal Ministry of Agriculture and Rural Development, Winnie Lai- Solarin.

Solarin gave a nebulous and fictitious description of grazing routes in Nigeria. According to the Punch of 19th June, 2021, Winnie Lai-Solarin said that:

“… there are some stock routes that we have across the country, and in the past, we had monuments along these stock routes, particularly the primary stock routes… And in the course of farming or other human activities along those stock routes, the monuments were altered, but we know where they are. So, we are saying that some of them can be retraced. And this is particularly for areas that are not encroached upon as of now. The pastoralists know the routes, and on some of those routes, you will see the pieces of the monuments along them….So, for those that are not encroached upon and are not in conflict zones, we will go ahead to retrace and guide the pastoralists along them. We didn’t get to where we are today in one day, and so we cannot expect that every pastoralist should suddenly start ranching now… Some would still have to move, but let’s keep the movement as safe as possible and in areas that are not conflict zones. That is what I am saying. We are not going to retrace stock routes, where there are infrastructures that are for the public good.”
Reacting to the Presidents comment on grazing routes, the National President of Middle Belt Forum (MBF), Dr. Bitrus Pogu, poignantly pointed out the way forward thus:

“We know that yes, there was the grazing reserve law that was passed by the regional government of Northern Nigeria. And, the grazing reserve is for the animals to remain within the reserve. It was not a ranching thing per se, but the herders were supposed to remain within the grazing reserve area, and not to be roaming around.

“Now, but here we have a President who is taking us backward, by trying to impose open grazing on a progressive Nigeria which not tenable. He mentioned other things that suggest that, he is more inclined to his people in Niger Republic. If you remember what he said, when he was answering the question on why he is doing projects in Niger Republic, he said there are three tribes, Kanuri, Fulani and Hausa that have their nations there.

“But you see, whether you are talking about grazing reserves or we are talking about the original laws of Northern Nigeria then, the important thing is that the policies he is talking about, that is opening grazing routes and all that, are not tenable in modern Nigeria.

“And whether the law prohibits open grazing or not, the opening of grazing routes is no more tenable in modern Nigeria, it is not tenable in the modern world. What is obtainable in the modern world, is ranching.

“And the earlier Mr. President revisits the ECOWAS Treaty allowing for free movement, which allows herders to roam about from Mali, the Central African Republic, Burkina Faso into Nigeria, in order to stop it, the better.

“He should revisit the law and tell other countries that this thing is responsible for the instability, the killings and for the insecurity in Nigeria. So, every country should retain their herdsmen and let them practice ranching. Whether the law prohibits open grazing or not, what is tenable is ranching, and that is the way forward.”

Serious and Trivial

There are two sides to every coin. Life itself contains not only the good, but also the bad and the ugly. Let us now explore this.

“If a Nigerian youth makes a false promise of marriage to a woman and obtains money from her, the EFCC will arrest him for ‘romance scam’. Yet, Buhari made false promises to restructure Nigeria, and obtained votes from Nigerians based on that. Is that not ‘election scam’? The biggest issue General Buhari campaigned on in 2015 was restructuring, now, he says those advocating for restructuring have nothing to say? That is deceit. That is obtaining votes by false pretences. That is why the Southwest and Southeast are agitating for secession….” – Reno Omokri.

THOUGHT FOR THE WEEK
“Government’s first duty is to protect the people, not run their lives”. (Ronald Reagan)