BY
FEMI FALANA SAN
The Attorney-General of the Federation and Minister of Justice,
Mr. Abubakar Malami SAN was reported yesterday 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.
![image](/2020/10/lawreport.jpg")
![image](/2021/05/lawpbanner.jpg")
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 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:
1. On April 27, 2018, the members of the National Economic
Council resolved to ban open grazing and adopt the Livestock
Transformation Plan of the Federal Government. The National
Economic Council is constituted by the Vice President, the 36 State
Governors, the Minister of Finance, and the Central Bank Governor.
(https://m.guardian.ng/news/ne
c-bans-open-grazing-as-herdsme n-attacks-persist/[1])
2. On February 9, 2021, the Northern Governors Forum banned open
grazing in all states in Northern Nigeria. https://www.vanguardngr.com/20
21/02/insecurity-northern-gove rnors-seek-end-to-open-grazing
/[2]
3. On February 11, 2021 the Nigeria Governors Forum banned open
grazing in all the 36 states of the Federation. https://thenationonlineng.net/
36-governors-agree-to-end-noma dic-cattle-rearing/[3]
4. On May 14, 2021 the Southern Governors Forum banned open
grazing in the 17 states in Southern
Nigeria. https://m.guardian.ng/news/sou
thern-governors-ban-open-grazi
ng-call-for-restructuring/[4]
5. On May 18, the PDP Governors Forum endorsed the decision to
ban open grazing in the entire country. http://thesouthernexaminer.com
/pdp-governors-endorse-ban-on-
open-grazing-p5388-214.htm[5]
Based on the ban on open grazing,
not fewer than 24 states governments have
submitted applications to the Federal Ministry of Agriculture for a
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.” (https://www.thecable.ng/gandu
je-invites-more-herders-to-kan o-as-he-inaugurates-ruga-settl
ement/amp[6]).
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.
BY
FEMI FALANA SAN
The Attorney-General of the Federation and Minister of Justice,
Mr. Abubakar Malami SAN was reported yesterday 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 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:
1. On April 27, 2018, the members of the National Economic
Council resolved to ban open grazing and adopt the Livestock
Transformation Plan of the Federal Government. The National
Economic Council is constituted by the Vice President, the 36 State
Governors, the Minister of Finance, and the Central Bank Governor.
(https://m.guardian.ng/news/ne
c-bans-open-grazing-as-herdsme n-attacks-persist/[1])
2. On February 9, 2021, the Northern Governors Forum banned open
grazing in all states in Northern Nigeria. https://www.vanguardngr.com/20
21/02/insecurity-northern-gove rnors-seek-end-to-open-grazing
/[2]
3. On February 11, 2021 the Nigeria Governors Forum banned open
grazing in all the 36 states of the Federation. https://thenationonlineng.net/
36-governors-agree-to-end-noma dic-cattle-rearing/[3]
4. On May 14, 2021 the Southern Governors Forum banned open
grazing in the 17 states in Southern
Nigeria. https://m.guardian.ng/news/sou
thern-governors-ban-open-grazi
ng-call-for-restructuring/[4]
5. On May 18, the PDP Governors Forum endorsed the decision to
ban open grazing in the entire country. http://thesouthernexaminer.com
/pdp-governors-endorse-ban-on-
open-grazing-p5388-214.htm[5]
Based on the ban on open grazing,
not fewer than 24 states governments have
submitted applications to the Federal Ministry of Agriculture for a
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.” (https://www.thecable.ng/gandu
je-invites-more-herders-to-kan o-as-he-inaugurates-ruga-settl
ement/amp[6]).
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.