The Ruga controversy – TheNigerialawyer

Eze Onyekpere([email protected]^[1]; 08127235995)

Since the coming to power of the Buhari administration, the
country has been enmeshed in the controversy of the challenge of
animal husbandry, specifically on the movement, feeding and
management of cows. It all started with the undue escalation of
tension between herdsmen and farmers, caused primarily by herdsmen
running riot over farmlands, destroying crops and livelihoods. The
conflict led to loss of thousands of lives and destruction of
property.

Let me state clearly that cattle farming or herding is a
wonderful opportunity to create a long value chain that includes
the production of beef and its derivates, diary, hides and skin and
the associated back end in grasses, feeds and farm implements. It
also creates jobs for veterinary doctors, research scientists,
transporters, etc. When properly managed, it could generate over a
million jobs and add an extra N1 trillion to Nigeria’s Gross
Domestic Product. But how have we managed this wonderful
opportunity?

It appears that we have converted this opportunity, to not just
a threat, but a weakness and crisis of incredible proportions.
Evidently, this opportunity has become a headache.

It is imperative to clarify that leadership is pivotal in the
harnessing of every opportunity or the management of crisis. Even
in the worst of disasters, a country’s leadership rallies the
populace to confront the challenges with equanimity and dogged
determination, where all the citizens work together for the common
good. But the missing link in this crisis is that society has been
divided into a “we” and “them” fault lines.

Sadly the Nigerian leadership is not embarrassed by this
development. It has failed to take uniting steps to rally society
around the common goals of protection of lives and property,
improving cattle production, yields and the value chain. The
refusal of the Federal Government and the security agencies to
bring to account persons who committed murder, arson, destruction
of the property of others, etc. points in this direction. Again,
states from where these herdsmen come from have pretended that they
have no solution to crisis – in terms of developing pasture and
water resources and re-ordering nomadic livelihood to a settled
one.

Various issues have been thrown up by the herdsmen challenge.
There are theories about an old cattle route that runs from the
North to the South of Nigeria, which has been there from colonial
times. It states that the routes and cattle’s right of way have now
been overtaken by development of farms, buildings and other
developmental structures. The proponents of this school of thought
believe that the solution to the crisis is the reactivation of the
old route. But this school of thought misses the point, which is
that if there was such a route, it did not survive the Land Use Act
which now vests all the land in the governor of a state as a
trustee for the real owners of the land.

Again, there is no evidence that those routes were created by
the colonialists with the consent of the landowners. There is no
land in Nigeria that is not owned by an individual, a family or a
community. The English law concept of bona vacantia has no
equivalent in Nigerian law as it is a legal fixation of imperialism
and domination. So, such a cattle route cannot work in the Nigeria
of today.

Elementary economics teaches that land is a key factor of
production. Land is the wealth and major source of value of many
traditional communities as it provides them the space to farm and
engage in their artisanal work. Even the urbane and rich have a
good chunk of their investments in lands, either as vacant or
built-up lands. The fixation of land having little or no value
except for unexhausted improvements and developments on it, which
has been introduced by the Land Use Act, is the greatest lie of the
century. Land is intrinsically valuable and any attempt to deny
same will be standing facts upside down.

The second thought process rotates between ranching and “Ruga”
settlements, which is the new one added in the last couple of
weeks. There is nothing wrong and everything is right in the idea
of ranching or a settlement for nomadic herdsmen as the nomadic
style of cattle rearing can no longer be accommodated in modern day
life. However, the attempt by the Federal Government to use its
power and good will to forcefully acquire land in any state of
Nigeria for herdsmen is what most Nigerians find objectionable.

Nigerians recall the arrogance of Femi Adesina, the spokesman of
President Muhammadu Buhari, who in the heat of murderous herdsmen
killing hundreds of Nigerians, told us that it is either land
owners forfeit their land or go down six feet. Cattle-rearing is
private business. The owners will make profits and pocket the
money. Thus, anyone interested in the cattle business can look for
land and negotiate with the owners either for outright purchase or
a lease and use same to rear his animals. Anyone can invest in
cattle, just like any other business in Nigeria. However,
government can facilitate cattle rearing through financial and
other support, just like the Bank of Industry and the Central Bank
of Nigeria had dedicated funds for crops and other farming
activities. These funds are not free funds. Farmers borrow at low
interest rates but are bound to pay back.

Land can only be acquired under the Land Use Act for public
purposes and public purposes has been clearly defined to relate to
such matters like land needed for hospitals, schools, stadiums,
etc. No one is permitted to acquire private land for private
purposes. In other words, you cannot rob Peter to pay Paul. Any
governor who attempts that will be violating the letters and spirit
of the Land Use Act. There is also judicial precedent which has
overturned such land acquisition.State governments cannot therefore
use executive power to acquire private lands for the benefit of
cattle rearing.

In the northern part of Nigeria, where most of the cattle owners
come from, there is enough land which can be put to use for cattle
rearing. This is the part of Nigeria with greatest land mass and
over 50 per cent of the land area has not been put to use. It is
not even all the states in the north that are faced with
desertification and lack of rains. Niger State, for instance, is
about 76,363 square kilometres and home to the great Shiroro and
Kainji dams. It has water and provides the environment for all
year-round farming and cattle rearing. Compare this with Abia,
Anambra, Ebonyi, Enugu and Imo states with a combined land are of
29,525square kilometres, which is less than 40 per cent of the size
of Niger State. Armed with this fact, a reasonable Federal
Government still calls on these states to provide land for cattle
rearing! It is a not a fair call. It is unreasonable, outrageous
and an unconscionable call. The call is being made on states with
virtually the highest population densities on their land. The
notorious Sambisa forest, which has been captured from Boko Haram,
is so large that it can accommodate over 30 per cent of the cattle
roaming freely across the country.

In the final analysis, the Federal Government in collaboration
with state governments, from where these herdsmen come from, should
take steps to stop this crisis. It is within their reach and
resources. The crisis is contrived and unnecessary.