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Tag: grazing law

  •  Violation of grazing law: Court remands teenager

     Violation of grazing law: Court remands teenager

    The Police yesterday arraigned 19- year-old Ibrahim Mohammadu of Agirima village of Nasarawa State, in a Magistrates’ Court in Makurdi for alleged violation of Benue Open Grazing Law.

    The prosecutor, Sgt. Abdulkarim Abubakar, told the court that the case was reported on Jan.21, by Mrs Ochoyada Ogah, Mrs Gloria Samson and Mrs Rebecca Michael.

    The News Agency of Nigeria (NAN) reports that the complainants were from Ocholanya village in Agatu Local Government of Area of the state.

    Abubakar said that the complainants had averred that they saw the accused person’s cows grazing on their farms.

    According to the prosecutor, the accused person voluntarily confessed to committing the crime.

    He said that the offence contravened Section 19 (2) of the Open Grazing Prohibition and Ranches Establishment Law of Benue State 2017.

    The accused person pleaded not guilty to the charges preferred against him.

    The Magistrate, Mr Emmanuel Azembe, ordered that the accused person be remanded in prison and adjourned hearing of the case until February 20.

  • Oyo to pass anti-open grazing law in three weeks

    The Oyo State House of Assembly will pass the bill on anti-open grazing in the next three weeks, it was learnt at the weekend.

    Deputy Speaker Abdulwasiu Musa broke the news while featuring on the Ibadan-based Fresh FM radio programme, The Southwest Political Circuit.

    Musa said the bill had passed the first reading, adding that the Assembly was determined to pass it to cement the legal foundation which will prevent herdsmen/farmers clashes in the state.

    When reminded that the Minister of Defence had attributed the frosty relationship between herdsmen and farmers to the implementation of such laws in the states, Musa said the constitution vests the power to make laws for good governance on state Assemblies.

    The lawmaker said nothing would stop Oyo State from passing and implementing the law, though he acknowledged that farmers and herdsmen enjoyed a cordial relationship in the state.

    He noted that herdsmen and farmers lived peaceably together because the government, security agencies and community leaders sustained an established a security forum where potential crises were discussed and resolved.

    The deputy speaker, who hails from Saki, Oke-Ogun area of the state, insisted that the area was inching closer to producing the next governor.

  • Grazing law restores peace between herdsmen, farmers

    The anti-open grazing law which comes into effect in Benue on 1st November, 2017 has restored peace between farmers and herdsmen for the first time in seven years.

    Unlike the past when during the harvest period, bloody    clashes were witnessed between farmers and herdsmen, harvesting of crops has been going on in a peaceful atmosphere.

    In Logo, Guma, Agatu, Gwer-west, Makurdi, Buruku and Tarka local government areas which are currently harvesting massive rice and soya beans, there has been no case of clash between Fulani herdsmen and farmers.

    There is, however, a new dimension where the Fulani cattle rearers now buy chaff from harvested rice and the uprooted cassava for feeding of their animals.

    Before now, the herdsmen would command their cattle into farms and destroy both the chaff and crops.

    A farmer in Tse- Dzungwe, Mbaiwen Faga Dzungwe, told The Nation that the herdsmen and their cattle are now complying with the grazing law.

    Dzungwe stated that the grazing law has brought sanity as herdsmen no longer destroy their farm lands, maim or kill farmers with impunity. He commended Governor Samuel Ortom for signing the grazing law and its coming to effect.

    The Nation, though, gathered that Fulani herdsmen have mounted a sustained campaign against the law through some section of the media. The cattle rearers are, however, cautious in their grazing as they have seen that government is determined to implement the law just as most of them who contravened have been charged to court and remanded in prison.

     

  • Benue govt urges residents to obey anti-open grazing law

    Benue govt urges residents to obey anti-open grazing law

    Governor Samuel Ortom of Benue State has urged residents of the state to ranch their livestock or face the wrath of the law.

    In a broadcast to the citizens of the state, the governor said open grazing has been banned in the state .

    According to the governor:  “ Today, first November, 2017, marks the beginning of the prohibition of open grazing in Benue State. I call on all citizens residing in Benue State who are into cattle or livestock business to abide by this law.

    “There is no more open grazing in Benue State. All those who are interested in doing livestock business must ranch their livestock, otherwise the law will catch up with them. Let me appeal to all citizens to be law abiding”, he said.

    Governor Ortom, however, advised residents against taking the law into their hands in instances of trespass.

    “No one should take laws into his hands. We have put in place adequate machinery to enforce the law. Where there are trespasses or infringements of the law, report to the appropriate quarters and it will be duly handled by the team put in place. I want to appeal to all of us to be law abiding.

    “The law seeks to protect farmers and herdsmen alike. The law seeks to ensure peace for all citizens. The law is not targeted at any individual or group of people or any ethnic group.  All of us must team together and work to ensure the success of this law.

    “We have suffered hardship, we have suffered pains, we have suffered sorrow.  We have lost so much from both sides and we cannot allow this to continue as leaders with the responsibility of providing security for lives and property.

    “I want all citizens to join hands with government to ensure that we adopt this method of ranching which is the global best practice for all those in livestock business all over the world”  he said.

     

     

     

  • Grazing law: Parties disagree on implementation date

    The Miyetti Allah Cattle Breeders Association (MACBAN) and the Benue State government have disagreed on the November 1 implementation date for the anti-open grazing law.

    MACBAN’s Secretary General Baba Ngelzarma yesterday, in Abuja, said the law should be reviewed to reflect a ‘human face’.

    He identified the need to amend grey areas, which can cause misunderstanding between parties.

    Ngelzarma said the law did not recognise the transnational routes, which herdsmen are used to.

    But Chief Press Secretary to the Governor, Terver Akase, insisted that the state had given enough time for consideration and conducted adequate enlightenment on the planned implementation.

    Ngelzarma and Akase, spoke on live television. Ngelzarma noted that members are ‘jittery’ over the law, thus the need for the government to reconsider the implementation date.

    He said: “We will only support the law so long as it won’t affect our members. We are suspicious of the law; our members are still jittery over it. Immediately the law is implemented, people will start going after our cattle because some of these people don’t understand the law.

    “The law is against the fundamental human rights of our members, so we want a human face to it. We have met with the governor and he promised to ensure the law protects the pastoralist and farmers, but that is not the case. As soon as the law is implemented, neighbouring states will want to do the same and this will cause problem for our members.

    “So, we want the National Assembly and the President to enact a law that will solve this problem once and for all. During the public hearing, we were not invited to have our input.”

    Akase said the law was signed on May 2, but Governor Samuel Ortom decided to suspend its implementation until today.

    He added that six pilot ranches are being established as part of measures to create sustainable solutions to the crisis.

    “The implementation of the law has to begin. The bill was initiated and discussed in the House of Assembly, so enough time was given,” Akase added.

  • ‘Anti-open grazing law helps Benue retain food basket status’

    ‘Anti-open grazing law helps Benue retain food basket status’

    Michael Gusa is Benue State Attorney-General and Commissioner for Justice. In this interview with Legal Editor, John Austin Unachukwu, he discusses the challenges of his office, Administration of Criminal Justice Law, the state’s anti-open grazing law and sundry national issues.

    What has been your experience as Benue State Attorney-General and Commissioner for Justice?

    It has always been quite challenging but I thank God because He has always been there for me. The Lord has always been my strength and, so, having a boss who is very supportive, who is very caring and who is always encouraging his subordinate as my governor,  Dr. Samuel Ortom,  we are doing it successfully and we are not feeling the distress.

    The Criminal Justice Act has expedited Criminal Justice administration in the country. Many states have also adopted it as Administration of Criminal Justice  Law, what is the situation in Benue State?

    We are working on that too. We have forwarded the bill to the Benue State House of Assembly and, given the speed with which the House of Assembly carries out its job, I believe and I am very sure that very soon we will domesticate the Administration of Criminal Justice Law in Benue State.

    Law and economic development have always worked together, how have our laws impacted our economic growth?.

    By and large, just like you have rightly said, law and economic development go together because if you want to develop, you need to create a relationship between yourself and the next man,  no man is an Island to himself, no man is self sufficient,  you need to relate with others in the process of development. You will need to have a relationship between yourself  and the next person,  between one state and  another, between one country and another. So, you need the law to guide these relationships that have  been brought about by the  desire to move forward, the desire to  grow and this desire to develop. Law has always  been the pivot upon which the development of every economy revolves.

    What of the Nigerian and Benue State examples?

    In the Nigerian case, this is not an exception and when you bring it back  to our  place here in Benue State,  we have so many laws that relate to these  issues of the moment. When you bring up any policy you certainly have to develop a legal frame work that will drive the policy which you have made. And so, it has been a tremendous tool for our economic development.

    There has been some outcry against the Anti-open grazing Law recently passed by the Benue State House of Assembly. What is the issue with this law?

    Well, if there is any outcry against this law, it is coming from our detractors, it is coming from the people who don’t mean well for Benue State. Just like I said before, we need peace in the state here. When Governor Ortom came into office, he met this crisis between the herders and crop farmers in Benue State here and, in his wisdom, he decided to sponsor a Bill to the Benue State House of Assembly. This bill was meant to create a harmonious working relationship between the crop farmers and the herders.

    What does the law say?

    The law is saying that if you must herd cows or rear animals in Benue State, you must put them in a ranch, because the greater number of Benue State indigenes are crop farmers and these two cannot go together. You cannot have a crop farm here and then you have cattle walking inside or destroying the crops. It does not make any sense at all. So he sponsored the Bill to the Benue State House of Assembly which also conducted public hearing to get inputs from all major stakeholders within the state. During the Public Hearing, you had the herders, the crop farmers, you had the intellectual class, religious groups, faith based organisations  and so on. Everybody was there and so it was the consensus of the people of Benue State that look, we cannot restrain anybody from doing any business he or she  wants to engage in, but there should be a restriction for every  body because if you are a crop farmer, you cannot look at any land and start farming there, and also,  if you have cattle, you must ranch this cattle and if you don’t have a land of your own, you apply for permit from the State Ministry.

    What are the major provisions  of this law?

    Governor Samuel Ortom has maintained that the Benue State government owes a duty to protect and preserve every Nigerian resident in Benue  State irrespective of their states of origin or professional calling and religious affiliation. So, the law is designed to protect Nigerians, the farmers and herders in the state, thereby providing a lasting peace for all. Its main provisions are to prevent the destruction of crop farms, community ponds, settlements and property by open rearing and grazing of livestock and also prevent clashes between nomadic livestock herders and crop farmers. It also seeks to protect the environment from degradation and pollution caused by open rearing and overgrazing of livestock and optimise the use of land resources in the face of overstretched land and increasing population. The law further seeks to prevent, control and manage the spread of diseases as well as ease the implementation of policies that enhance the production of high quality and healthy livestock for local and international markets, and create a conducive environment for large scale crop production.

    Who administers this law?

    The Livestock Department of the Ministry of Agriculture and Natural Resources is vested with the powers to administer, regulate enforce this law.

    Governor Ortom offered amnesty to criminals in Benue State in what he described as the ‘carrot and stick approach’. What has been its effect on the security of life and property in the state?

    First and foremost I want to state that His Excellency assumed office with the desire to move Benue State forward and at the time he came in, he discovered that the youth in  state were heavily armed by  politicians who wanted to use them to achieve their own goals. He came with the desire to attract development and investment to the state by attracting development and he needed peace, he needed security, so he initiated the amnesty programme and, as you rightly pointed out, it was the stick and carrot approach, the amnesty programme was  to enable the youth  repent, drop their arms and get state pardon. A lot of youths came forward to surrender their arms and these arms  were collected by the state and destroyed. For those of them who refused to surrender their arms and embrace this opportunity, they are the ones now that the stick is being used against because you cannot live in Benue State as an outlaw. The  governor keeps saying that he cannot surrender the state to criminals having known very well  that we have a lot of potential in the state.  We have a lot of opportunities here,  that we have to grow, we are desirous of growth and to move the state forward. He said for those who refused to surrender their arms, the security agents are after them, because we need peace here. You cannot  continue to live in your previous ways and we want peace here because even the farmer needs peace, even the investor needs security and we all need  security for life and property so that we can move  forward.

    What is the impression of the average Benue State resident about this programme?

    This is a programme that has the support of everybody in Benue State. Every criminal has to comply with the desires of the people because this is a programme that has support across the entire populace of Benue State. Everybody is happy and if you meet any Benue man in the street and ask him, he will tell you that there is a big difference between when Dr. Samuel  Ortom came to power in Benue State and before.  You cannot  eliminate crime completely from a society but at least reduce it and bring it to a minimal level and that is what has happened in Benue State here now even in the face of economic recession and challenges. Our governor has invested so much resources in the security of the state, we should all support him and encourage him because he is doing well. Without the efforts he has made, you wouldn’t be here in Benue State. You can always seek your permit from the Ministry of Agriculture which is saddled with the responsibility of enforcing this law. You can apply for a permit  and you will be issued a permit, you will now restrain your cattle or whatever livestock you have, you restrain it and continue to do your business. So, nobody is sending anybody out of Benue State, that is the misconception  that  so many people have, they say that we have made a law to send many people out of Benue State, that is not the issue. We are saying that we need  everybody in the state to move forward, that is the issue but in as much as we need everybody, everybody will need to live in peace and there should be a norm to protect life and property in the state. If you want to own your livestock, go ahead and own your livestock but these are the guiding rules, if you want to be a crop farmer, go ahead and do your crop farming activities,  by the way, Benue State is the food basket of the nation and if we continue to fight and kill ourselves this way, we cannot continue to maintain that status. So, it was these  ideas that made him  to sponsor a bill to the State House of Assembly who conducted a public hearing and then gathered the opinion of all the people of Benue State before they made this law and I assure you that whatever you see in that law is the collective opinion and views of all the people of Benue State.

    What have been your achievements as Attorney-General and Commissioner for Justice?

    One of the first things the governor did on assumption of office is to reactivate the Advisory Council on the Prerogative of Mercy because he discovered that a lot of Benue indigenes who were  convicted, some sentenced to death, some sentenced to life imprisonment and we had so many of them languishing in various prison yards across the country. So, he reactivated the council and they visited several prisons in Nigeria, we came back with a lot of recommendations which he agreed with us. We recommended to him and I want to say that most of the criminals who were condemned to death were converted in prisons, some became preachers, some became pastors and so on and he freed them . Most of their families have been coming to thank the governor for what he did for them. Apart from that, we have been working tirelessly with prison officials to see how we  can decongest the prisons. During the last Democracy Day, the Governor freed about 43 inmates of Makurdi, Gboko and Oturkpo prisons based on recommendations from prison authorities. Some times you have prisoners who were freed but not released because they could not pay their fines and  the governor paid for them because we have the conviction that they have turned  away from their bad ways and have become good given the fact that the prison is not just to punish, but to reform the prisoners. If at the end of the day are you are sent to the prisons and by the grace of God you turn a new leaf, there is no need keeping you there. So we made this recommendation  to the Governor and he agreed and finally freed them. He in collaboration with the prison authorities here in Makurdi have awarded contract for the construction of a new block of cells at  Makurdi prisons.

    What about expeditious dispensation of Justice in the State?

    In  the Ministry of Justice, I have constituted a Task Force to decongest the cases that we met on ground when we came in. we have been filing Director of Public Prosecution’s ( DPP)’S advice expeditiously. We don’t  allow the files to  stay  in the Ministry there as soon as the files are brought by the Police, the DPP will prepare the legal advice and  we issue them  and arraign the suspects at the State High Courts promptly.

    We cannot do all these things without the support and approval of the governor who himself has this passion for the citizens of the state without exception. When you inform him that this is what your citizens are going through, he will always listen to you.

    He has purchased vehicles for Judges in the state trying his best to improve their working conditions  so that they will do their best for the state. He has facilitated the appointment of more Judges for the State Judiciary since we came into office. We have a smooth working relationship with the State Judiciary and we are always there for them. Because of the recession that we are all going through, we cannot attend to all the problems at the same time, we can always do our best and that is what the Governor is doing so far.

    He is the first Governor to renovate the facilities at the headquarters of the State Ministry of Justice here which has been there since 1976. It is a major achievements and most  my predecessors in office have been sending congratulatory massages to me because of this.  He is also renovating the High Court building in Oturkpo. We are happy at  all these, nevertheless,  there is always room for further improvement and developments and I am sure that when the economy of the State improves, the governor will do more.

  • Fayose meets cattle owners on grazing law

    Fayose meets cattle owners on grazing law

    •MACBAN members now part of patrol teams

    Members of the umbrella body of cattle owners, Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), will be part of patrol teams to enforce the law to regulate grazing in Ekiti State, it was learnt.

    Governor Ayo Fayose gave the directive yesterday at a meeting with the leadership of MACBAN where parties resolved “grey” areas in the enforcement of the Prohibition of Cattle and Other Ruminants Grazing Act 2016.

    MACBAN leaders had requested to be part of the patrol of Ekiti Grazing Enforcement Marshals (EGEM), a request Fayose granted.

    The meeting, which took place at the Government House, was attended by MACBAN state executives and representatives from local governments.

    The governor said: “I have nothing against you or any other ethnic group. Nobody should bring politics into this matter. If a Yoruba person destroys your property, I will defend you too.

    “Leaders are not to discriminate, and as a leader I don’t discriminate. The law is not against anyone who obeys it but those who flout it. It is people destroying other people’s farms who are causing this problem.

    “We have given lands to people to farm and they have paid and when somebody destroys their means of livelihood and make them suffer, we won’t allow that.

    “It is bad people who make others suffer. If anybody says Fayose is after Hausa or Fulani people, that person has no sense. During my first term, I appointed a man from Malumfashi as a special adviser. This term too, I appointed Musa Kanga into the Pilgrims Welfare Board.

    “In Oke Ako-Ekiti last May, two persons were killed, people’s wives raped by those hiding under the guise of rearing cattle. I have 83 cows too and I have told the person taking care of them that if he goes against the law and any of them is seized, he will be responsible.”

    The governor cautioned against rearing cows on major roads and town centres, saying it had caused fatal accidents in the past.

    He explained: “If you have not been to the United Kingdom or United States, I guess some of you have been to Mecca, did you see herdsmen leading their cattle across city centres and major roads, with the cows defecating everywhere?

    “This is not done and it is not that the people in those places don’t breed cows.”

    On the demand by MACBAN leaders to be part of the patrol teams to enforce the law, the governor acceded and commended their effort to support his administration.

    The state MACBAN Chairman, Muhammad Nasamu, praised the governor for his frankness.

    Nasamu said the meeting disabused minds about the governor and the government.

    He said: “Hearing from you has quelled all strange stories we hear. Leaders from across the federation have been calling me that they have been hearing funny stories from the state, but now we know the truth. Ekiti is my home and anybody who spoils the name of Ekiti is spoiling my name.

    “We are suggesting that farmers and herdsmen be part of the marshalls who will patrol across the state. When that is done, there will no longer be any trouble. Those in the office don’t know what is happening in the bush and we will try and bridge the communication gap.”

  • Fayose grazing law

    Fayose grazing law

    •A signal effort to bring order into the chaos in cattle grazing 

    Governor Ayodele Fayose’s recent signing into law of Ekiti State Assembly’s bill to prohibit cattle and other ruminants grazing randomly in Ekiti State marks an incipient effort to regulate centuries-old tradition of pre-modern cattle farming in the country. The law should be a call to other states and the Federal Government to come to terms with the imperatives of modern agriculture in the country.

    The grazing law, which took effect from the day of signing, includes the following: mapping out lands in the 16 local government areas of Ekiti State for grazing; outlawing cattle, sheep, goats, and other ruminants grazing outside of lands designated for grazing and ranching in the state; restriction of movement of cattle, sheep, and goats by herdsmen to the hours between 7 am and 6 pm; and forbidding nomadic pastoralists from grazing with arms and other weapons and making violators subject to prosecution and imprisonment if found guilty.

    As is expected in a federal democracy, the law has already ignited reactions from various sectors of the country. While spokespersons of states that had experienced loss of many lives: Ekiti, Benue, Plateau, Enugu, Anambra, Abia, Kaduna, and socio-cultural organisations such as Afenifere, Afenifere Renewal Group, and Ohaneze Ndigbo have hailed this law, others such as Arewa Consultative Forum have warned about dangers inherent in a state law that may contravene rights of citizens to movement in any part of the federation. Anti-grazing spokespersons are already warning that the constitution recognises the rights of citizens rather than the rights of cattle.

    It is the view of The Nation that the law has raised important issues that deserve national attention and dialogue about the most effective way for Africa’s largest multiethnic democracy to sustain peaceful and harmonious co-existence of its various nationalities and their cherished values. Just as the constitution and all rights of citizens expect responsibilities on behalf of those exercising such rights, so is it important for those in positions of political leadership to consider the good intention to save lives and protect the environment as dispassionately as possible.

    For too long, conflicts and clashes between farmers and nomadic pastoralists had caused avoidable tension in the country, pitting people in different sections of the country against each other. Killings of farmers by herdsmen and destruction of their farms, as well as killing of cattle by frustrated plant/vegetable farmers has gone on for too long and without identification and prosecution of people involved in such crimes. Such needless killings have obviously created unwarranted inter-ethnic fears in various sections of the country, which in turn have caused avoidable inter-ethnic suspicion and animosity.

    Ekiti State’s attempt to regulate animal grazing is a needed step in the right direction, especially in its recognition of the need to formally designate specific areas for grazing and allocate such areas to properly documented cattle owners and their employees. The law, like all laws, may not be perfect. For example, charging carriers of unused arms and weapons with terrorism can scare non-criminal nomadic farmers from taking advantage of lawful grazing areas, but what the law signals must not be missed by federal and state lawmakers: regulation of activities that have the potential to lead to instability and loss of innocent lives, if left to go away on its own, as this problem has been for long. The grazing law should be seen for what it is: a call for action on all stakeholders for immediate rational response to a national problem that requires a high sense of responsibility and self-preservation by all.

    The Nation believes there is no better opportunity than the one presented by the grazing law to regulate an agricultural practice that is overdue for modernisation. Relatedly, the commitment of the Muhammadu Buhari administration to agricultural revolution through modernisation of all sectors of agriculture  provides enough justification for re-orienting traditional animal farmers to accept new methods of cattle farming. Governments at all levels should encourage cattle owners to acquire land for ranching. The 21st century is not the time for those engaged in farming as private business to insist that tradition take precedence over modern methods of cattle breeding, from which large exporters of beef and dairy products, such as Argentina, South Africa, Canada, the United States of America, Australia and Mexico, have benefited immensely.

    Change, as the old saying goes, is the only thing that is permanent in human affairs. Ekiti State has signalled to others that the challenge to improve animal farming through proper legislation and regulation should not be left to chance, as has been the case for too long at the expense of the country’s economy and inter-ethnic harmony.