FG’s grazing sites have no place in the constitution — Lawyers

President Muhammadu Buhari, recently reconstituted a committee to review 368 grazing sites across 25 states in the country to determine their level of encroachment. This came despite the fact that all the Southern states, including Benue and a few others are opposed to open grazing, but prefer private ranching.

President Muhammadu Buhari, recently reconstituted a committee to review 368 grazing sites across 25 states in the country to determine their level of encroachment. This came despite the fact that all the Southern states, including Benue and a few others are opposed to open grazing, but prefer private ranching.

Also reacting to the development, Benue State government threatened to sue the Federal Government over the development.

Law and Human Rights, in this edition, sought the views of lawyers on what this portends for the country and the way forward.

States should challenge FG’s grazing sites committee in court — Ojukwu, SAN

Prof Ernest Ojukwu, SAN, said: I think we should see the committee’s report. Hopefully, their report will present the basis of any recommendation they will make. It will be easy to test the validity of the committee and the efficacy of their recommendations in our judicial system.

“On the face of our constitutional delimitation between federal and state powers over land, agriculture, etc and the Land Use Act, it may be difficult for the Federal Government to resurrect past grazing route regulations. My advice is that state governments should set up their committees to advise them so that they will also be in stronger legal positions to challenge the Federal Government and its grazing sites committee.”

Resurrecting grazing sites an open challenge to states —Quakers, SAN

Norrison Quakers, SAN, is of the view that “The Land Use Act has vested land in the territory of each state in the governor of the state, as such you cannot talk about the extent or level of encroachment on grazing routes by the states. The only land the President has control over is the FCT being the Federal Capital and the seat of government.

“Constituting a committee to review 368 grazing sites across 25 states is to put the government of the Federation on collision course with the states. The resurrection of grazing routes by the President is an open challenge to states that have outlawed open grazing, because the implication of the grazing routes is an endorsement of open grazing. The decision of the Governor of Benue State to seek judicial intervention is in order. The general disposition of the Federal Government to the states is worrisome.

“We have as it were a federal structure and not unitary. It is imperative for the judiciary to step in now and resolve this legal logjam before it assumes a dimension that might threaten our corporate existence as a country even though there are festering problems already threatening our nation. So let Governor Samuel Ortom of Benue State take up this issue in court.”

No legal framework supporting FG open grazing policy — Erugo, SAN

Prof Sam Erugo, SAN, said: “My initial reaction was one of caution in the face of the hullaballoo raised by the issue of grazing reserves and grazing route in the past which one had expected will force a policy shift. But then, the report is on review of the 368 grazing sites across 25 states “to determine the levels of encroachment” and encroachers, and stakeholders’ engagement. These will determine the next line of action.

“If the grazing sites had long been abandoned as equally reported, it is possible the sites have been so encroached that it may not make sense chasing the encroachers to reopen the sites, particularly given the opposition from some host states. In areas where the sites are still available, I doubt that the Federal Government will want to force open grazing in the face of opposition.

“Open grazing policy will result into a myriad of legal and socio-political issues, and ultimately unnecessary confrontation between the Federal Government and the States, even the people, where the sites are located. At any rate, I am not sure of the legal framework supporting the open grazing policy of the Federal Government; it is not backed by the Constitution, the Land Use Act, or any other extant legislation.

“In that case, the threat by Benue State to sue may become a reality; and surely all the opposing hosting States of the supposed grazing sites will join in that suit. Again, the Southern States will enforce their respective laws banning open grazing, and more. In fact, so many issues will crop up, and heighten the current security challenges. Of course, the crises will further weaken the fragile peace in the country. I know this is not a part the Federal Government will wish to take now.

“There is no argument that private ranching is the modern approach to livestock, and though not sustainable, there may be nothing wrong with government providing interim facilities for ranching, as against open grazing. My humble suggestion is for peaceful and sincere stakeholder engagements and sensitisation to peaceably resolve these issues in the interest of the nation. A well-thought-out legal framework for ranching may be the solution in the long term.”

Buhari can only have grazing routes through a coup against the Constitution —Daramola SAN

Olu Daramola, SAN, on his part, said: “This is a clear indication that Buhari is not a listening President. Apart from the unanimous decision of the governors in the Southern states to ban open grazing, many states in the North have decided to embrace ranching. By insisting on creating grazing routes, Buhari is swimming against the tide of public opinion. Unfortunately for the president, the law is not on his side.

“The governor of each state is in control of the land in the state and not the president or the Federal Government by virtue of the Land Use Act. The Land Use Act is an integral part of the Constitution. Therefore, any grazing routes gazette giving the Federal Government the power to maintain grazing routes in any state without the approval of the state is ultra vires, null and void. What is more, there are several Supreme Court decisions confirming the power of each state to grant planning approval within its territorial jurisdiction.

“Many states have already made laws banning open grazing within their territories. As the law stands today, Buhari can only have his way on maintaining grazing routes across the country by staging a coup against the Constitution. This is not feasible for an elected president who sworn oath of allegiance to the Constitution.”

Who gave FG land it is setting up committee for? — Omodele

Yemi Omodele said: “Personally and with due respect, I will say that Mr President is not an expert when it comes to land administration and management or better put, he has no good advisers in that regard.

“The proposal of the president calls for judicial intervention and I call on the affected states to approach the apex court for interpretation of the relevant laws on the issue. I think the Federal Government is trying to resuscitate what the affected states objected to when the issues of RUGA and ranching came sometime ago. The legal minds should render free services to the government on the implications of what the number one citizen thinks.

“Nigeria does not belong to him alone. It is jointly owned by us all. He cannot place something upon nothing and expect it to stand. A question arises, who gave the Federal Government the land it is setting up committee for? How many states were in the country when such archaic idea was thought? Is he aware that land belongs to families? Can he allow a stranger to take over his family land surreptitiously? He should be well guided with a view to jettison the idea.

The law is settled that the governors control land use — Asia

Elvis Asia, said: “It is very unfortunate that this government is defending an anachronistic system of existence that has been discarded by other countries. The law is settled that the governors control land use. I agree with the governor of Benue State that an action should be instituted to forestall this unconstitutional and unreasonable posture of the Buhari led government.”

FG must bow to the provisions of law —Awe

Babatunde Awe is of the opinion that open grazing is a sentimental one. He said: “Sentiments must not be dismissed summarily because ostensibly all actions of people worldwide are premised on some sentiments or the other.

“However, in a country where the constituents have subjected themselves to the rule of law, sentiments must take a back seat and law prevails. We run a federal system of government in our country. Where states have followed the law and determined that grazing is no longer a sustainable option or the insecurity variables far outweigh the benefits of grazing, the Federal Government must bow to the provisions of those laws and not resuscitate policies that are inconsistent with the expressed legitimate yearnings of states that oppose grazing.

“The FG should instead pursue a policy of entrenching modern cattle rearing methods that are compatible with the security realities confronting states. This is long term more sustainable than the obvious sentimental attachment to a way of life that puts the nation at risk of collapse.”

It’s an abuse of executive power — Elimihe

Sonnie Elimihe, said: “The decision of the Federal Government to review grazing routes in Nigeria is not only laughable but an abuse of executive power and executive recklessness.

“The Buhari government by that decision has shown crass incompetence and complete executive lawlessness.

“While the whole world is embracing ranching, it is a pity that the Buhari led Federal Government in 21st century is still talking about open grazing.

“I expect the various affected state governors to challenge that decision in court because the provisions of the Land Use Act , 1978 clearly mandate each respective state governors to take over the ownership and control of all state lands.

“Consequently, the decision to review the grazing routes as it relates to state lands is not only illegal but unconstitutional.”

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