Anxiety in Southern Nigeria as dry season approaches
BY AKINWALE ABOLUWADE,TIMOTHY AGBOR, MAYOWA SAMUEL AND AGNES NWORIE
Despite having passed the anti-open grazing laws in some states in the Southern part of the country, the laws remain ineffective.
Investigations by The Point showed apparent lack of will by most of the governors in the zone to walk their talks on the milestone anti-grazing laws recently passed by the various houses of assembly in some states.
The anti-open grazing bills had become laws in Ekiti, Ebonyi, Abia, Oyo and Bayelsa States before the resolution by governors of the 17 southern states on May 11, to ban open grazing and the movement of cattle afoot by herders.
Rivers and Ondo states prohibited open grazing on August 19 and 31 respectively, while Enugu, Akwa-Ibom, Osun and Lagos States passed it much later.
With Ondo taking the lead, stakeholders were optimistic that the people of the South may begin to heave a sigh of relief, just as cattle rearers watched out for the fallout of the passage of the laws with baited breath.
However, months into the passage of the bill, the people, especially farmers, were worried that the impacts of the legislative actions could not be felt but existed as mere paper-tigers.
In Oyo State where anti-open grazing had been prohibited, checks by The Point showed that the herders still have a field day moving their cattle about at will.
The state House of Assembly, while expressing concern on the possible surge of clashes between farmers and herders as the dry season approaches, penultimate Thursday, called for the implementation of the anti-open grazing law in the state.
While deliberating on a joint motion by Francis Adetunji and S. Gbadamosi, representing Oluyole and Atisbo/Saki East state constituencies in the state, the House harped on the need for the Governor Seyi Makinde-led government to be proactive.
The resolution reads in parts, “As dry season approaches, herders and their cattle from the fast drying North will be moving down to the West to get greener pastures for their animals. The concern is that the herders would not restrict grazing of their cattle to uncultivated farmlands alone. Experience in the past would remind us of the bitter tales our farmers had to tell. Many of our farmers have left their farms for either the fear of being killed by the notorious herders or because of great losses they had recorded overtime due to wanton destruction of their farms by these people and their animals.
In an interview with the President, Igangan Agro Park Investment Association, Oluwafemi Abioye, he urged the governor to be alive to the cry of the people of the state, especially the farmers whom, he said, bear the brunt of the excesses of the herders.
He recalled that the Oyo State Open Rearing and Grazing Regulation, passed by the lawmakers in October 2019 was not passed into law by the governor more than a year after its passage.
Abioye said, “We farmers continue to bear the brunt of their overzealous attitude whether it is raining or dry season. Our members continue to experience losses every time, although some of them left the state when the Seriki of Igangan was evicted.
“It is clear that there are some underlining agenda behind the herders activities in the South. Some people claimed that the herders come down south because of the dry vegetation in the North. I say that we don’t have real desert in Nigeria but Savannah.
“California and Arizona have the widest deserts in the US, but those are the places where their ranches are. They have vast land and just one farmer would have thousands of cattle over vast space of land. Here in Oyo State as it also applies in other states in the south, the Fulani would just come, take over the land, brutalize the people and lay claim to land and the vegetation. They continue to vandalize people’s farmlands. Last year, my maize, which was cultivated on 25 acres, was destroyed by their cattle.”
In Osun, since September when the bill banning open grazing was signed into law by Governor Gboyega Oyetola, no task force has been inaugurated to enforce the law. Residents of the state said that nothing had changed as herders continued to graze openly without restrictions. Checks by our correspondent showed that no herder had been arrested for contravening the law.
The Osun anti-open grazing law read in parts, “Any person or group who contravenes the provisions of subsections (1) and (2) of this section shall be guilty of an offence and shall be liable to a term of imprisonment of not less than 3 years without the option of fine as well as forfeiture of the herds of cattle or livestock under his or her control to the state government.”
However, the herders in the state showed apathy to idea of ranching. In an interview, Hassan Muhammed, said that having a ranch is alien and difficult for them to practise.
“Despite the passage of the law, the state government said that inaugurating a task force on enforcement without an alternative for the herders would be counter-productive as it would create tension between the herders and the host communities”
Despite the passage of the law, the state government said that inaugurating a task force on enforcement without an alternative for the herders would be counter-productive as it would create tension between the herders and the host communities.
In an interview with the Chairman of Osun State Committee on Peaceful Co-existence between Fulani/Bororo Farmers and Crop Farmers, Mudasiru Toogun, said that the state had yet to create an alternative for the herders, therefore, it would not be just to start implementing the enforcement of the anti-open grazing law.
Toogun said, “Osun doesn’t have a task force to enforce the anti-open grazing law because Osun has remained peaceful as far as the issue of farmers-herders is concerned. So, we need not to do anything that will affect the peace being enjoyed in the state.
“Having a task force may breed enmity. We want to continue to maintain the peace and the cordial relationship between the farmers and the Fulanis in the state.”
On the complaints that the herders still graze openly in the state despite the law banning their activities, Toogun said, “It is normal. There is no problem about that as long as we don’t have breach of peace in the state. There is no law that does not have human face. If you say they should not graze now, have you provided an alternative for them?”
A farmer in Ikoyi village, Isokan Local Government Area of the State, Wakil Olasunkanmi, alleged that some maize and yam plantations had been destroyed by the herders.
An indigene of Ponpola community in Ede North Local Government Area of the state, who simply identified himself as Falade, said that herders continued to graze their animals around the village.
“We have been seeing Fulani herders with their cows in our village. We are surprised since the state government had banned open grazing in the state,” he said.
Sogo Aderogba, a resident of the state, said that open grazing continued unabated in Kajola village where he lives.
“I still see Fulani herdsmen in Kajola and Oke-Bode whenever I go to farm. They still move freely with their cows. Government should do something about this because they (herders) are not above the law,” he noted.
The Seriki Fulani in Osun State, Ibrahim Babatunde, said that the herders in the state had resolved with the state government on open grazing.
Babatunde said, “We have agreed to desist from grazing openly. We instructed our people to stop grazing openly and to stop destroying people’s farms. If anyone of us flouts this law by grazing by the road or on the farm, such a person should be reported to the security agencies.”
In an interview with The Point, Setonji David, House Committee Chairman on Information, Strategy and Security, Lagos State House of Assembly, said, “This country is not being run right. You call the governor of a state the chief security officer of the state as provided by the constitution but he’s not in charge of security. The governor of our state has deemed it fit that there is need for us to ban open grazing because we don’t want cattle to be roaming our streets. He is the chief security officer; he is the man on ground, he knows where the shoes pinch and we made a law to restrict movements of cows and encourage people to adopt ranching. Even if you have a piggery, do it somewhere, if you have poultry, do it somewhere.
“These are private businesses, we don’t want cattle to be roaming about, but the governors cannot enforce it because they don’t have the constitutional power. Can you see the contradiction in our laws? That’s why we are clamouring for the restructuring of this country. We need to revisit the constitution of this country so that those problems can be resolved once and for all.
“In Lagos State, we are doing our best despite all the challenges we have within the framework of the present law. We have neighbourhood watch and that is what we are using to ensure that we do our best to enforce the law. You can see that our problem is the kind of constitution we practice. You are saying that this is the chief security officer of the state but you are saying he cannot appoint police or commissioner of police, so that’s the contradiction we have in this country, so we will get there one day.
“In the face of this contradiction, we are managing our state. The neighbourhood watch is doing their best in this state; they give information to the police. We try to manage the contradictions, so that we don’t have chaos in this state. Neighbourhood watch is doing a lot in this state, which is why Lagos is safe. Lagos is safe, not because of police alone; we also have our own security outfit that is giving intelligence to the police. So, we are trying our best and will continue to do our best until the needful is done, until the constitution is amended to empower the governors appropriately.
“When we had our public hearing, the herders, the Muslims and other contributors were there. The bill was passed and the governor assented to it. They are conforming; we have not had any issue since that law had been passed. There is no problem in Lagos.
“Our law is not an ethnic law but for everybody in Lagos State, irrespective of where we are coming from, we are all Lagosians, as long as you conform to the rules and regulations. I know we have Yoruba herders that have cattle but it’s not an ethnic law, Yoruba, Ibo, Hausa, Fulani, the law is for everybody and of course, everybody must conform. Moreover, there is a procedure to get land in Lagos. The land of Lagos is resting on the hands of the governor and there is agric land, people apply for the land and they give. If you want a land for ranching, you go to the Ministry of Agric and apply for agric land and it will be given to you. We have people who have been applying. Some areas have been designated for ranching and people are applying. Just try it.
“The population of Lagos has increased beyond our infrastructure, so we have to manage the space we have. The space has not increased but the population has increased, so do we still continue to encourage cattle to be roaming about our streets or we allow pigs and fowls to overtake everywhere? No. So, nobody should entertain any fear.
“Amotekun has been established in Lagos, we have neighbourhood watch and we have a department in neighbourhood watch that has to do with Amotekun, so Amotekun is in Lagos. The issue is just that, you know Lagos is a metropolitan state; we don’t have much of thick forests and all those kind of things. So the issue of Amotekun may not be predominant here because it is a metropolitan state but we have Amotekun, it’s already in our law.
Former Commissioner for Information and State Orientation in the Ebonyi State, Abia Onyeike, listed the factors militating against the implementation of ban on open grazing in the South-East to include lack of political will on the part of the governors; fear of the Fulani caliphate government led by President Muhammadu Buhari; presidential ambition by the state governors; and the hidden Jihadist project of the Fulani caliphate and the Islamist brotherhood in the continent of Africa and the Arabian Peninsula.
The National President of Ebonyi State University Alumni Association, Kenneth Ereke, held that “Political factors, security challenges occasioned by activities of herdsmen, unavailability of spacious portion of land in the south, resistance by some secessionist group in the south as well as cultural factors account for the tension being experienced.”
A legal practitioner in the state, Desmond Ajah, said that the governors in the zone were insincere about the ban.
“The major factor is that governors in the zone are not sincere and serious about the ban, especially those said to be nursing ambition for presidency. If all the southern governors will emulate the governor of Benue State, Samuel Ortom, everything would fall in their rightful places within a short time.
“The implementation is being delayed because of Fulani’s desperate plans to Islamize Nigeria and it is unfortunate that the present administration is dancing to that tune.”
The Commissioner for Information and State Orientation in Ebonyi State, Uchenna Orji, stated that the implementation of the ban in the state was not delayed in any way as being insinuated.
Insisting that the law is in effect, he said, “There is no factor militating against the implementation of the ban on open grazing in Ebonyi State. The only problem that we have is incessant sit-at-home orders by the Indigenous People of Biafra which normally put the state on halt and compels it to lose millions of naira each day when observed.”
Governor Godwin Obaseki of Edo State was unequivocal on his perception on open grazing when he called for full implementation of the National Livestock Transformation Programme to address the clashes between farmers and herders. The governor said that his administration had yet to promulgate a law banning open grazing because it regarded the venture as private business.
He said that “Ranching is a private business just like every other agricultural venture, therefore, those involved should provide the land. As you already know, it is expensive to run and manage. The National Livestock Transformation Programme, which is now being implemented by the Federal Government, should acknowledge our model.
“It should also be able to help Edo people benefit from the funding that is now being made available for people who want to go into the livestock business and have made investments in ranches and other similar livestock programmes.”
While Obaseki showed reluctance at assenting to the anti-open grazing bill, the Bayelsa State Governor, Duoye Diri, like most other governors who had signed the bill into law, said that his target was to stop the clash between the herdsmen and the farmers in the state.
Also, a Senior Advocate of Nigeria and Interim Chair, Alliance on Surviving Covid-19 and Beyond, Femi Falana, has explained why he feels the federal government should not back herders against southern governors over their passage of the anti-open grazing law in the region.
Falana in a statement made available to journalists maintained that the federal government should not take sides with herders; saying doing so would not only be violating the constitution but amounts to political suicide.
“The decision of the federal government to take sides in the dispute between the herders and the southern governors is a constitutional aberration and political suicide”
Falana said this while reacting to a statement by the Attorney General of Federation, Abubakar Malami, who said the action of the southern governors who had prohibited open grazing in the region violated the rights of Nigerians.
“The decision of the federal government to take sides in the dispute between the herders and the southern governors is a constitutional aberration and political suicide.
“Specifically, it is a gross violation of Section 17 of the Constitution which provides that the Nigerian people are entitled to equal rights and opportunities before the law and section 42 thereof which has prohibited the federal government from conferring advantage on any group of citizens”, he said.
Speaking further, the senior lawyer, stated that the federal government ought to know that the resources of the entire Nigerian people cannot be dissipated on defending herders or any other group against state governments.
According to him, the federal government should not take sides with herders in the needless legal battle over grazing routes which had been rejected by the Northern Governors Forum and Southern Governors Forum.
“Indeed, the alliance between the herders and the federal government over open grazing is completely at variance with the National Livestock Transformation Plan of the federal government which has adopted ranching.
“At this juncture, the federal government is advised to stop confusing herders. A few months ago, President Muhammadu Buhari was given the impression that a gazette exists for open grazing in all the states of the federation.
“Hence, the Attorney-General and Minister of Justice was ordered by the President to produce the Gazette. Since the Gazette never existed the Attorney-General has not been able to produce it. “Shortly thereafter, the federal government claimed that hundreds of grazing reserves had been located in 25 states. But having realised that the land in every state is vested in governors the federal government has decided to throw its weight behind moves by herders to sue southern governors over the constitutional validity of anti-open grazing laws,” he added.
Falana, however, advised that the federal government instead of inciting herders against the implementation of anti-grazing laws in some states should promote amicable resolution of the dispute.
Falana accordingly charged the federal government to ensure the establishment of ranches in the several states that have made land available for the project, because it may run into several contradictions if it goes ahead to defend the herders in the planned litigation.
He argued that having released N6.2 billion to Katsina for the establishment of ranching, the federal government will not be permitted to turn round to insist on open grazing in other states, adding that the court will not allow the federal government to approbate and reprobate at same time.
Governor Ortom’s stance on open grazing won a wide appeal with stakeholders across the South and the middle belt saying that the federal government should embrace modern practice of ranching with a large percentage of the cattle being tended up North. Unless this is done, the people are worried that end may not be anywhere in sight to clashes and bloodletting between the farmers and the herders.
