No Federal Grazing Route Law In Nigeria, Sen. Ajibola Basiru Faults President Buhari

Senator representing the Osun Central senatorial district, Dr
Ajibola Basiru, said on Sunday that President Muhammadu Buhari
lacks the powers to revive the old grazing routes, anywhere in the
country.

The lawmaker also said he wonders if the president has been
receiving correct legal advice from the attorney-general of the
federation, Abubakar Malami.

Basiru, who holds a doctoral degree in Property Law, said he
spoke to The Punch in his capacity as the senator representing the
Osun Central Senatorial District, and in his personal capacity
because the upper chamber had yet to take a position on the
matter.

The lawmaker said the issue of grazing routes was not known to
the Nigerian constitution and that Buhari did not have any power to
direct the implementation of any law that was alien to the
country’s legal books.

He explained that the gazette that Buhari was referring to was a
product of a decree promulgated in the northern Nigeria in the
1960s.

He argued that the Land Use Act, which is recognised by the
Nigerian constitution, had rubbished the so-called grazing routes
gazette.

He explained that the Land Use Act had transferred to state
governments, the sole power to legislate on use of land for any
purpose, including grazing.

Basiru said it was only governors of the northern part of the
country that could individually make laws to identify grazing
routes because the gazette, which Buhari referred to, had become
obsolete.

He said, “Nigerians do not need to criticise the President for
making that statement, rather, they should find out whether the
President had actually been properly advised by his Attorney
General and the legal team.

“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 are 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 have painstakingly looked at the laws of the Federation of
Nigeria and I did not see a copy of any law that is called federal
grazing law, or grazing Act or any other title relating to the
issue.

“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 is 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.

“If anybody will implement any law, it is the states where those
routes are applicable that could do so.

“Grazing routes law is not applicable in any state in the
southern Nigeria. The southern Nigeria has its own law on
cattle.

“It is unfortunate when we have a situation whereby the
President of Nigeria is being misadvised by his legal and policy
team, for whatever reason it is.

“There has been informed legal opinion on this issue. So there
is no federal law regarding grazing routes.

“Even by the allocation of power, under the Nigerian
legislation, the National Assembly and by virtue of that, the
president does not have power to do anything about grazing
routes.

“This is because the management of land in the entire territory
of a state, by Section one of the Land Use Act, is vested in the
governor.”

Senator representing the Osun Central senatorial district, Dr
Ajibola Basiru, said on Sunday that President Muhammadu Buhari
lacks the powers to revive the old grazing routes, anywhere in the
country.

The lawmaker also said he wonders if the president has been
receiving correct legal advice from the attorney-general of the
federation, Abubakar Malami.

Basiru, who holds a doctoral degree in Property Law, said he
spoke to The Punch in his capacity as the senator representing the
Osun Central Senatorial District, and in his personal capacity
because the upper chamber had yet to take a position on the
matter.

The lawmaker said the issue of grazing routes was not known to
the Nigerian constitution and that Buhari did not have any power to
direct the implementation of any law that was alien to the
country’s legal books.

He explained that the gazette that Buhari was referring to was a
product of a decree promulgated in the northern Nigeria in the
1960s.

He argued that the Land Use Act, which is recognised by the
Nigerian constitution, had rubbished the so-called grazing routes
gazette.

He explained that the Land Use Act had transferred to state
governments, the sole power to legislate on use of land for any
purpose, including grazing.

Basiru said it was only governors of the northern part of the
country that could individually make laws to identify grazing
routes because the gazette, which Buhari referred to, had become
obsolete.

He said, “Nigerians do not need to criticise the President for
making that statement, rather, they should find out whether the
President had actually been properly advised by his Attorney
General and the legal team.

“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 are 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 have painstakingly looked at the laws of the Federation of
Nigeria and I did not see a copy of any law that is called federal
grazing law, or grazing Act or any other title relating to the
issue.

“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 is 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.

“If anybody will implement any law, it is the states where those
routes are applicable that could do so.

“Grazing routes law is not applicable in any state in the
southern Nigeria. The southern Nigeria has its own law on
cattle.

“It is unfortunate when we have a situation whereby the
President of Nigeria is being misadvised by his legal and policy
team, for whatever reason it is.

“There has been informed legal opinion on this issue. So there
is no federal law regarding grazing routes.

“Even by the allocation of power, under the Nigerian
legislation, the National Assembly and by virtue of that, the
president does not have power to do anything about grazing
routes.

“This is because the management of land in the entire territory
of a state, by Section one of the Land Use Act, is vested in the
governor.”