The Legal Justification of Anti-Grazing Law of Enugu State, Part. 2
In reference to the anti-grazing issue, Section 2 of the Law refers to “moving permit”, which is defined as: “a movement permit issued in the State under the Control Trade Cattle Regulations or a permit relating to the movement of trade cattle issued by any authority having the power to issue the same under any law in force in any other part of Nigeria.”
The expression “any law in force in any other part of Nigeria” in this context, of course, includes the Land Use Act, as previously mentioned in Part 1.
And together, comparatively, these two laws set the stage for restriction of cattle rearing and other land violation matters in the state, except and with express permission by the governor of the state.
Consequently, without any new law banning open grazing, southern governors can assert their authority under these extant laws, including particularly under Section 1 of the Land Use Act, which provides that:
“Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation are hereby vested in the Governor of that State… “
The Land Use Act as the principle law of Nigeria dealing with matters relating to land has vested land in the federation under the control of the individual state governors. And for emphasis, this includes commercial and economic activities in the use of the land.
The Enugu State governor, therefore, has the power to order herdsmen or any other persons carrying on any other business on lands within the territory of the state to apply for a permit or license to do so under the above clear provisions of the Land Use Act.
And this cannot, in any way, be interpreted as a violation of the fundamental right to freedom of movement.
This is worthy of mention because recently, some opposition has been meted out to the stand of the southern governors’ on grazing in the country.
Asides from the argument that it is the constitutional requirement of Nigerians to have freedom of movement, an assertion which concerning the anti-grazing matter lacks any substance, the Attorney General of the Federation Abubakar Malami(SAN) called the movement of the herdsman ‘customary’ being that this has been their practice for as long as one can remember.
However, this cannot serve as a justification for the unchecked grazing of the Fulani owned cattle which in addition to being a nuisance and causing loss of property to indigent farmers living in the south and other parts of Nigeria, has become a security issue and object of terror resulting in loss of lives of the farmers on refusal to allow these herdsmen access to their property.
Customs like these which are not only undocumented as a right or contained in any legal promulgation including the 1999 Constitution, the highest legal document in the federation cannot be allowed to subsist.
The defense of the continued grazing of cattle in unspecified areas of land has brought with it death and destruction and should not be allowed to continue unmitigated.
In light of these developments, the Miyetti Allah Cattle Breeders Association (MACBAN) has sought more time to enlighten its members to stop the practice of open grazing of cattle in Lagos State.
This followed the one-day hearing which was held on Wednesday 8th September, for the anti-grazing bill which is scheduled to be passed by the Lagos State government subsequently. The proposed title of the bill is “A Bill for a Law to Prohibit Open Cattle Grazing In Lagos State, the Trespass of Cattle Land And For Other Connected Purposes” which is intended to stop open grazing in the former capital city of Nigeria.
The breeders association pleaded for more time for the bill’s passing to educate the herders on some new ways to handle their business. The spokesperson, the association’s Zonal Secretary for South-West, Maikudi Usman pleaded for additional time to educate the herders on breeding in one place rather than encroaching on other people’s farmland.
He added that the Lagos State government would however allow the prices of the cattle to be raised to two million naira insisting that the cost of rearing in a single location was more costly.
Regarding this plea, the question however is, “how much would need to be given to stop a practice which has caused untold hardship to indigenous in the country?
Finally, most people are not aware that anti-grazing has already been in the Federation for more than 60 years. This judgment, which was not challenged, was given by Justice Adewale Thompson on 17 April 1969 with Suit no AB/26/66.
The decision read thus:
“I do not accept the contention of Defendants that custom exists which imposes an obligation on the owner of the farm to fence his farm while the owner of cattle allows his cattle to wander like pests and cause damage. Such a custom if it exists, is unreasonable and I hold that it is repugnant to natural justice, equity and a good conscience and therefore unenforceable…in that it is highly unreasonable to impose the burden of fencing a farm on the farmer without the corresponding obligation on the cattle owner to fence in his cattle.”
“Sequence to that I banned open grazing for it is inimical to peace and tranquility and the cattle owners must fence or ranch their animals for peace to reign in these communities.”-HON.JUSTICE ADEWALE THOMPSON: 17TH APRIL 1969. SUIT NO AB/26/66 AT ABEOKUTA DIVISION OF THE HIGH COURT.
These various laws can serve as a guide to states and be used as precedent when needed in matters relating to anti-grazing laws. The anti-grazing law of Enugu state commissioned by Governor Ifeanyi Ugwuanyi is among the very few in the southeast and the Republic addressing the anti-grazing issue and should be lauded. And hopefully, it would be instrumental to end the anti-grazing menace that has disrupted the peace, security and economic enjoyment of Nigerians in the state.
Written by Sedo Elijah Ebinne
Check out the Part 1 here — https://discoverenugu.medium.com/the-legal-justification-of-the-anti-grazing-law-of-enugu-state-part-1-172935c330cf
