The Legal Justification of The Anti-Grazing Law of Enugu State, Part 1

Human rights have been expressed as the inalienable rights of humans all over the world. Under this, the protection and preservation of human rights is a duty that should be steadfastly performed by Countries all over the world. Nigeria is not left out in the performance of its duty to uphold the human rights of its citizens. In the discharge of her solemn duty to preserve the human rights of her citizens,

Section 33 to Section 44 of the 1999 Constitution of The Federal Republic of Nigeria as amended provides for the protection of the human rights of Nigerian citizens. The continued existence of any society is hinged on the existence of laws to regulate human behaviour. Again, in the realization of the indispensable nature of laws to societal growth, Nigeria has over time; enacted laws to not only regulate human conduct but also to protect the lives and interests of citizens. Among the plethora of laws enacted in Nigeria include the various Anti-Grazing Laws of some states in Nigeria. In a nutshell, these anti-grazing laws seek to grind to a halt, the numerous violent clashes between herdsmen and farmers in Nigeria. Most of these herders are originally from the Fulani tribe with a specialization in cattle rearing. In the process of doing this, however, they chance upon other people’s property and while many of these herders may be ignorant, this is trespass.

In northern Nigeria where the attorney-general and most herdsmen hail from, Section 342 of the Penal Code (applicable to Northern Nigeria) provides that: “Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy a person in possession of that property, or, having lawfully entered into or upon that property, unlawfully remains there with intent thereby to intimidate, insult or annoy such person or with intent to commit an offence, is said to commit criminal trespass.”

The effects of unchecked cattle grazing have brought a lot of harm to a lot of farmers in areas in Nigeria, such as states in southern Nigeria and southwestern states such as Oyo and Osun, who get their crops damaged and lives threatened by herdsmen, some of who are insistent on farming on properties that do not belong to them.

Most recently, the executive governor of Enugu State, His Excellency Governor Ifeanyi Ugwuanyi passed a law prohibiting grazing activities by cattle herders at the Enugu State House of Assembly.

Speaking on the issue, the Leader of the House, Rt. Hon. Ikechukwu Ezeugwu had explained after the passage of the bill, that it would be cited as the “Prohibition of Open Grazing and Cattle Ranching Law of Enugu State” after the governor’s assent.

The passing of this bill became imperative because of the countless clashes of herdsmen and citizens of various towns in Nigeria and would enhance peace and security in the state.

Earlier in the year, the Ondo state governor, Rotimi Akeredolu, speaking on the anti-grazing law he intended to pass cited two very relevant laws, which would allow him to declare an ultimatum on cattle herders to exit Government Reserved Forests.

The Laws are the Land Use Act of 1978 and the Trade Cattle

Tax Law of Ondo. And though the latter was promulgated in 1969, before the creation of the state, a 2006 amended version would still suffice.

“Section 1 of the said Land Use Act categorically states that “…all land comprised in the territory of State in the Federation are hereby vested in the Governor of that State and such land shall be administered for the use and common the benefit of all Nigerians under the provisions of this Act.”

Section 12 (1) of the same Act also states that:

“It shall be lawful for the Governor to grant a licence to any person to enter upon any land…” while subsection 5 thereof clearly states that “The Governor may cancel any such licence if the licensee fails to comply with any of the conditions of the licence.”

And while entrance into one’s property in absence of permission is actionable trespass, permission to enter into the land to carry out any activity rests in the discretion of the governor of the state. In addition to this, 1999 the constitution protects the provisions of the Land Use Act from any contradictory enactment thus:

“Section 315(5) of the Constitution specifically states that nothing in the Constitution shall invalidate enactments listed under items “a” to “d” thereof, one of which is the Land Use Act.

What this means is that nothing in the constitution can invalidate the provisions of the Land Use Act including the fundamental human rights provision.

This human rights violation has been cited as a reason why the anti-grazing law will not fly; the particular provision being the freedom of movement. Where one man’s right ends another begins is a popular adage that would greatly influence the perspective of one regarding this anti-grazing issue.

However, the antagonists of the anti-grazing bill of various states in Nigeria state this as a reason for the continued destruction of land and farmland by the unhindered and unchecked activities of cattle herders in Nigeria. This provision however will not suffice.

The second law is the Trade Cattle Tax Law of Ondo State, which was promulgated as far back as 1969, with a commencement date of 3rd July 1969. The Law is contained in Chapter (Cap.) 153, Vol. 4, Laws of Ondo State of Nigeria, 2006, as amended.

Written by Sedo Elijah Ebinne

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