By John Ekundayo
On the 11th of May, there was an epoch-making convocation of the 17 southern governors in Asaba, Delta State. Even though 15 of them were physically present while the remaining two were ably represented, the meeting was a significant one. The chief host was the Governor of Delta State, Dr Ifeanyi Okowa while Arakunrin Oluwarotimi Akeredolu, SAN, his counterpart from Ondo State, chaired the crucial meeting. The outcome of the meeting shook the entire country. The content, context and composition of the gathering was a time whose idea has come! On the table at the end of the meeting were 12 demands. However, there were 3 that were highly crucial, consequential and cogent. Firstly, there was unanimity on the need to ban open grazing within the States in the southern part of Nigeria. Secondly, they made a strident call for restructuring (allocation formula to be reviewed in favour of the sub-national governments (states), the establishment of state police, and institutionalizing true federalism in governance). Thirdly, the governors, in unison, demanded for a national dialogue. As expected, the communique issued at the end of the meeting generated reactions and responses all over the country.
Aftermath of the Asaba Declaration: Matters Arising
There was cacophony of voices from the north and south regarding the stand and stake of the southern helmsmen. The members of the National Assembly (NASS) from the southern part of the country, of both the House of Representatives (Green Chamber) and Senate (Red Chamber) vociferously and vehemently stood behind the 17 governors. Interestingly, the Arewa Consultative Forum (ACF) and Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), the socio-cultural umbrella body of cattle breeders in Nigeria supported the ban on open grazing. However, the ACF was opposed to restructuring and the call for national dialogue. To ACF, a call for restructuring is tantamount to initiating secession. The pan Yoruba movement, Afenifere, was resolutely behind the 17 governors on open grazing and all other resolutions. This was the same stand and stake of the main Igbo cultural movement, the Ohaneze. In a period spanning almost two weeks after the epoch-making convocation of the 17 southern governors in Asaba, the leaders or elders of the ruling party, the All Progressives Congress (APC), in the south west, met and declare their support for the southern Governors regarding the Asaba Declaration particularly on open grazing.
Reactions from Abuja
At the seat of power in the centre, to first fire the salvo was the Chief Law Officer of the Federation, Mr. Abubakar Malami, SAN, the Attorney General and Minister of Justice. He was brutally and bitterly barking against peddlers of anti-grazing. He declared that the action of the 17 southern helmsmen was null and void. In other words, declaring ban on open grazing is unconstitutional! Swiftly, the Chairman of the epoch-making meeting at Asaba, Arakunrin Akeredolu, SAN, replied him with a seeming stinker that should immediately make a learned friend to rethink and reflect. How can Abubakar Malami, SAN, be comparing selling of spare parts by southerners in the north with criminal herders roaming and ravaging the south of the country with incessant killings, kidnappings, robbing, raping, burning of settlements and destruction of farmlands. It is synonymous with comparing apples with oranges! Logically, it does not rhyme and sync!!
Almost two weeks after the Asaba Declaration, as if the Presidency was woken up from slumber, the spokesman of the man in the saddle at the centre, whom Nigerians are now used to see his face and hear his voice more than the President that they elected, Mallam Shehu Garba, issued a statement castigating the southern governors declaring their action a nullity. However, he stated that the Governors wanted to show their power to which the host of that meeting, Dr Okowa, swiftly responded in the affirmative thus further heating the polity!
Reactions from legal luminaries
On the side of the constitution, is banning open grazing illegal in any sub-national government? In a federal system of government, any state or sub-national government, as a federating unit, has the power regarding land use within her domain. The stand and stake of legal luminaries like Femi Falana, SAN, Mike Ozekhome, SAN and Ebun-Olu Adegboruwa, SAN and Dr Kayode Ajulo is that the government at sub-regional unit acting through the State House of Assembly could criminalize open grazing. Hence, the southern government has not goofed in succinctly stating their aversion for open grazing in their states. Pointedly, Femi Falana, SAN, simply and squarely stated that freedom of movement as enshrined in the 1999 Constitution (as Amended) is meant for human beings and not animals. Hence, to him, the Chief Law Officer of the federation erred in asserting that no governor could prohibit open grazing anywhere in Nigeria.
The Way Forward
This columnist was a guest on the Lagos Television’s (LTV) programme tagged Morning Delight few days back. In the programme, the topic for discussion was the open grazing ban by the southern governors. How did the governors come to this conclusion? Are there no options that can be explored or exploited? How would they effect or enforce this ban? The governors, as the chief security officers of their states, have the onerous duty to protect the citizens residing in their states. Herdsmen kidnapping, killing, raping, rampaging and ruining farmlands have gone too far that these helmsmen could no longer checkmate or condone.
This columnist gave an instance in which he was returning from a recent trip, precisely Akure to Lagos. He passed between Owena and Ipetu Ijesa around 4.30pm. However, those who plied same section of the same road around 6pm were caught in the web of kidnappers. This is attesting to the fact that our forests in the south are infested with herders who are kidnappers. This is a veritable fact. The way forward as propounded by this columnist in the programme is dialogue. Real dialogue across boards, not issuing of press statements. It is high time elder statesmen came together acting behind the scenes to douse the tension as somebody needs to shout to the people in Abuja that the polity is heated up and our country has never been so divided along ethnic and religious lines as we now have on our hands.
Conclusion
Conclusively, there is the need for concessions from both the states and federal governments. The two tiers of governments should sheath their swords. The elders should prevail on these principal actors to refrain from issuing statements and counter statements. It will not resolve the frightening and festering issues. It will rather acerbate the tension thus heating the already fraternized and fractionalized entity called Nigeria. Consequentially, there will be a way forward. Surely, dialogue is direly desired and needed. Elder statesmen should take the front seat and put this in the front burner now! A stich in time saves nine!!
- Dr. Ekundayo, J. M. O., can be reached via 08155262360 (SMS only) and drjmoekundayo@hotmail.com
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