Nigeria Should Use Article 4 Of ECOWAS Laws To Combat Killer Herdsmen — Falana-led Coalition

— Says Art 4 of Protocol Allows the Member States To
Restrict Entry of Transborder Criminals
— Says ‘Ostensive Lack of Enforcement of Extant Laws’ And
‘Dereliction of Duty To Enforce Such Law’ Is The Bane of Nigeria’s
Problem

The Alliance on Surviving COVID-19 and Beyond (ASCAB) has urged
the Nigerian government to leverage Article 4 of the ECOWAS Free
Movement Laws to combat the influx of killer herdsmen into the
country.

The development comes after the Minister of Information and
Culture, Lai Mohammed, blamed the insecurity situation in Nigeria
on ECOWAS laws.

The minister had in a recent statement claimed that the protocol
allows for the influx of AK-47-bearing herders and bandits from
neighbouring countries into Nigeria.

He had said: “ECOWAS Protocol allows trans-human movement
between all the ECOWAS countries. That is why we are thinking of
seriously reviewing the ECOWAS Protocols in that respect. What we
find out today is that a lot of criminalities have been introduced
through the herdsmen and trans-human.”

But reacting on Wednesday, ASCAB, in a statement signed by Femi
Falana, its interim chairman, said the ECOWAS Protocol A/P.1/5/79
relating to Free Movement of Persons, Residence and Establishment
(Free Movement Protocol) does not permit any form of trans-border
banditry and illegal possession of arms and ammunition.

According to the group, rather than seeking a review or an
amendment of the Protocol, the Nigerian government should take
advantage of Article 4 of the legislation which stated that
“Notwithstanding the provisions of article 3 above, member states
shall reserve the right to refuse admission into their territory
any community citizen who comes within the category of inadmissible
immigrant under its laws.”

ASCAB stated that the article quoted above gives Nigeria
permission to apply domestic laws to deal with the menace of
trans-border criminality traced to armed herders and bandits.

“One of such domestic laws is the Animal Diseases (Control) Act
(Cap. A17) Laws of the Federation of Nigeria 2004 that provides for
the importation and exportation of animals, surveillance of
importation, seizure or destruction of animals, control of trade
animals etc., among other things,” it said.

“Specifically, the Act states that the importation of any
animal, animal products or biologics into Nigeria from any other
country by land, sea or air is prohibited except under a permit
granted by the Director who in each case shall state the conditions
under which the animal, hatching eggs or poultry may be
imported.

“It also provided that imported animals may be subjected to such
examination, disinfection, inoculation and quarantine at the risk
and expense of the owner thereof as the Director may deem necessary
and any animal, animal products, the biologic or infectious agent
which is not imported in accordance with the provisions of this Act
shall be seized or caused to be destroyed immediately on arrival by
the Director, or by an authorized officer.

“Another relevant legislation is the Firearms Act (Cap. R11)
Laws of the Federation of Nigeria 2004 which provides that no
person shall have in his possession or under his control any
firearm except in accordance with a licence granted by the
President acting in his discretion or except in accordance with a
licence granted in respect thereof by the Inspector-General of
Police.

“Any person who contravenes any of the provisions of the
Firearms Act is guilty of an offence and liable on conviction to a
minimum sentence of ten years or five years imprisonment depending
on the provision(s) breached.”

ASCAB, however, said security forces have contravened the law
and rather allowed herders to bear arms and deploy same to commit
all manners of criminal offences including criminal trespass,
culpable homicide, abduction and rape.

The group emphasised that the ECOWAS Free Movement Protocol does
not permit the uncontrolled influx of armed herders and bandits
into Nigeria.

“Contrary to the Federal Government’s claim, the bane of
Nigeria’s problem is the ostensive lack of enforcement of extant
laws. It is the height of dereliction of duty to allow ‘foreign
criminal herdsmen and bandits’ to invade farmlands, destroy
livelihoods, kidnap, maim and kill citizens unchecked while also
crippling the country’s fragile economy.

“Instead of blaming the ECOWAS Free Movement Protocol, the
Federal Government should prohibit the movement of cattle and
herders into the country pursuant to section 20 of the Act of the
Animal Disease Act.”

The group also urged the Nigerian government to direct
immigration officials to prevent armed herders from entering the
country while the police should be allowed to arrest and prosecute
herders caught with arms without licences.

ASCAB also said state governments should invoke the provisions
of the relevant laws to curb the menace of attacks by local and
foreign bandits and armed herders.

It added: “Since the Federal Government and the state
governments have embraced ranching, the Commissioners of
agriculture or the appropriate authorities in each of the States of
the Federation should issue regulations, ban open grazing and
movement of cattle in line with the provisions of Animal Laws,
Animal Disease Laws, Forestry Laws etc.”

— Says Art 4 of Protocol Allows the Member States To
Restrict Entry of Transborder Criminals
— Says ‘Ostensive Lack of Enforcement of Extant Laws’ And
‘Dereliction of Duty To Enforce Such Law’ Is The Bane of Nigeria’s
Problem

The Alliance on Surviving COVID-19 and Beyond (ASCAB) has urged
the Nigerian government to leverage Article 4 of the ECOWAS Free
Movement Laws to combat the influx of killer herdsmen into the
country.

The development comes after the Minister of Information and
Culture, Lai Mohammed, blamed the insecurity situation in Nigeria
on ECOWAS laws.

The minister had in a recent statement claimed that the protocol
allows for the influx of AK-47-bearing herders and bandits from
neighbouring countries into Nigeria.

He had said: “ECOWAS Protocol allows trans-human movement
between all the ECOWAS countries. That is why we are thinking of
seriously reviewing the ECOWAS Protocols in that respect. What we
find out today is that a lot of criminalities have been introduced
through the herdsmen and trans-human.”

But reacting on Wednesday, ASCAB, in a statement signed by Femi
Falana, its interim chairman, said the ECOWAS Protocol A/P.1/5/79
relating to Free Movement of Persons, Residence and Establishment
(Free Movement Protocol) does not permit any form of trans-border
banditry and illegal possession of arms and ammunition.

According to the group, rather than seeking a review or an
amendment of the Protocol, the Nigerian government should take
advantage of Article 4 of the legislation which stated that
“Notwithstanding the provisions of article 3 above, member states
shall reserve the right to refuse admission into their territory
any community citizen who comes within the category of inadmissible
immigrant under its laws.”

ASCAB stated that the article quoted above gives Nigeria
permission to apply domestic laws to deal with the menace of
trans-border criminality traced to armed herders and bandits.

“One of such domestic laws is the Animal Diseases (Control) Act
(Cap. A17) Laws of the Federation of Nigeria 2004 that provides for
the importation and exportation of animals, surveillance of
importation, seizure or destruction of animals, control of trade
animals etc., among other things,” it said.

“Specifically, the Act states that the importation of any
animal, animal products or biologics into Nigeria from any other
country by land, sea or air is prohibited except under a permit
granted by the Director who in each case shall state the conditions
under which the animal, hatching eggs or poultry may be
imported.

“It also provided that imported animals may be subjected to such
examination, disinfection, inoculation and quarantine at the risk
and expense of the owner thereof as the Director may deem necessary
and any animal, animal products, the biologic or infectious agent
which is not imported in accordance with the provisions of this Act
shall be seized or caused to be destroyed immediately on arrival by
the Director, or by an authorized officer.

“Another relevant legislation is the Firearms Act (Cap. R11)
Laws of the Federation of Nigeria 2004 which provides that no
person shall have in his possession or under his control any
firearm except in accordance with a licence granted by the
President acting in his discretion or except in accordance with a
licence granted in respect thereof by the Inspector-General of
Police.

“Any person who contravenes any of the provisions of the
Firearms Act is guilty of an offence and liable on conviction to a
minimum sentence of ten years or five years imprisonment depending
on the provision(s) breached.”

ASCAB, however, said security forces have contravened the law
and rather allowed herders to bear arms and deploy same to commit
all manners of criminal offences including criminal trespass,
culpable homicide, abduction and rape.

The group emphasised that the ECOWAS Free Movement Protocol does
not permit the uncontrolled influx of armed herders and bandits
into Nigeria.

“Contrary to the Federal Government’s claim, the bane of
Nigeria’s problem is the ostensive lack of enforcement of extant
laws. It is the height of dereliction of duty to allow ‘foreign
criminal herdsmen and bandits’ to invade farmlands, destroy
livelihoods, kidnap, maim and kill citizens unchecked while also
crippling the country’s fragile economy.

“Instead of blaming the ECOWAS Free Movement Protocol, the
Federal Government should prohibit the movement of cattle and
herders into the country pursuant to section 20 of the Act of the
Animal Disease Act.”

The group also urged the Nigerian government to direct
immigration officials to prevent armed herders from entering the
country while the police should be allowed to arrest and prosecute
herders caught with arms without licences.

ASCAB also said state governments should invoke the provisions
of the relevant laws to curb the menace of attacks by local and
foreign bandits and armed herders.

It added: “Since the Federal Government and the state
governments have embraced ranching, the Commissioners of
agriculture or the appropriate authorities in each of the States of
the Federation should issue regulations, ban open grazing and
movement of cattle in line with the provisions of Animal Laws,
Animal Disease Laws, Forestry Laws etc.”