The spokesperson of the Nigerian Senate, Dr. Ajibola Basiru on Wednesday, said that President Muhammadu Buhari has been given wrong information by his team regarding the laws on grazing routes in any part of Nigeria.
Basiru in a personally signed statement in Abuja titled, “No Law of Grazing Routes in Nigeria: Either North or South” stated that no law exists any longer on grazing routes in the country.
He added that the law on grazing reserves, recognized as a state law in the 1999 constitution, actually criminalized open grazing.
The Senator argued that rather than for the President to insist on enforcing a law that no longer exists, Buhari and the ruling government should adopt modern animal husbandry by way of ranches and modern grazing reserves.
Wednesday’s statement comes after the Senate spokesperson had earlier rejected President Muhammadu Buhari’s call for the reintroduction of grazing routes in Nigeria.
Recall that 17 southern governors had after a meeting in Delta State imposed a ban on open grazing in the region.
But President Muhammadu Buhari had directed states to revive cattle grazing routes across the country.
The president stated this during an interview with Arise Television which was aired last Thursday.
He disclosed that he has asked Nigeria’s Attorney General, Abubakar Malami to begin the process of recovering land from persons who have converted cattle grazing routes for their personal use.
Buhari said the grazing routes were designated in the 1st Republic when “Nigerians use to obey laws” but those routes had been converted.
“What I did was ask him to go and dig the gazette of the 1st Republic when people were obeying laws,” he said.
But speaking with The PUNCH, Basiru expressed worry over the legal advice given to the president by Abubakar Malami.
According to the senate Spokesperson, said the gazette Buhari was referring to was a product of a decree promulgated in northern Nigeria in the 1960s.
He stated that that the Land Use Act recognized by the constitution has rendered it ineffective.
Again on Wednesday, Basiru insisted that no federal law covers grazing reserves and/or grazing routes in Nigeria, lamenting that the President has been wrongly advised.
According to him, “The Grazing Reserves Laws in some states created from the former Northern Region of Nigeria are deemed to be state laws by Section 318 of the 1999 Constitution (as amended).
“They have been adopted from the Grazing Reserve Law of Northern Region of Nigeria (NN Law of 1965) including CAP 3 Laws of Kwara State, CAP 56 Laws of Bauchi State and CAP 55 Laws of Kastina State.
“On the case of these laws, it was expressly stated that they are adopted from northern Nigeria Laws of 1965. There is no provision for grazing routes as it is being claimed.
“There has never been federal legislation on Grazing Reserves and/or Grazing Routes in Nigeria and northern region Laws are not applicable everywhere in Nigeria.
“In fact, by the present constitutional provisions, such law cannot be within the competence of the National Assembly.
“The Grazing Reserves Laws are only applicable and enforceable in those states created from the former northern regions that chose to adopt same as part of their revised laws like Kwara, Bauchi and Katsina States.
“It appears that Jigawa State omitted the Grazing Reserves Law as part of its law in the more recent compilation of its laws.
“Further and be that as it may, none of the extant Grazing Reserves Law made mention of grazing routes not to talk of making provisions thereof.
“It was only in section 37(1)(a) of the law that the law mentioned “trade route” in criminalizing open grazing outside the grazing reserves areas.
“However, what is “trade route” was not defined in the law and there is no other reference to the term “trade route” in the law.
“The purport of Grazing Reserve Law, contrary to the impression being sought to be created, is to create grazing reserve areas to be created with necessary legal requirements and criminalize grazing outside the grazing areas.
“Under those laws, animals are only allowed to graze in the grazing reserve or “trade route”.
“In fact, Section 37 of grazing law CAP G3 Laws of Kwara State provides that an offence is committed by any person, being the owner of specific animal or the person in taking care of who; “(a) allow such animal to graze anyhow other than grazing reserves or trade route established pursuant to this law; or (b) fails to control such animal and the animal causes damages to any crops.
“Section 40 of the law also prohibits possessing, carrying or using for any purpose any firearms or other weapons for other purposes in the grazing areas.
“There is also provision for a constitution for local government grazing reserve in the law.
“Rather than making reference to laws that do not exist or not applicable, what is required and should be pursued by our government and my great party, the All Progressives Congress as the way forward to address the issue of farmers and herdsmen crisis is to adopt, promote and finance the modern animal husbandry by way of ranches and modern grazing reserves.”
Basiru insisted that President Buhari should consider the interest and demands of Nigerians and jettison the obviously wrong advice given to him by his legal team.
He added, “As a patriot, a Distinguished Senator and someone sworn to uphold the Nigerian Constitution and in view of the apparent interest of Nigerians on the subject matter, it is pertinent to say neither in the North nor in the South is there a law creating grazing routes either as state law or federal law.
“It is rather unfortunate that our President has been misadvised on this matter.”