The governor of Ondo State, Mr. Oluwarotimi Akeredolu has come hard on the attorney general of the federation and minister of justice, Mr. Abubakar Malami, over his reaction to the southern state governors’ resolution at the Asaba Declaration of May 11 to ban open grazing and movement of cattle on foot across the 17 states of the region.
While reacting to the governors’ resolution, Malami said in a television interview on Wednesday that the ban on open grazing is unconstitutional as it affects the right of herders to move freely in the country.
He equally said that banning open grazing is like banning the sale of spare parts.
“It is as good as saying, perhaps, maybe, the northern governors coming together to say they prohibit spare parts trading in the north.
“Does it hold water? Does it hold water for a northern governor to come and state expressly that he now prohibits spare parts trading in the north?”Malami declared.
Responding, Akeredolu in a statement entitled ‘Our decision is irreversible and will be enforced’ described Malami’s “clinging to anachronistic model of animal husbandry’’ as “unfortunate.”
“I have just read the press statement credited to the Attorney General of the Federation and Minister of Justice, Mr. Shehu Malami (SAN) on the resolution of the Southern Governors Forum to ban open grazing in their respective states.
“The AGF is quoted to have said that this reasoned decision, among others, is akin to banning all spare parts dealers in the northern parts of the country and is unconstitutional.
“It is most unfortunate that the AGF is unable to distill issues as expected of a Senior Advocate. Nothing can be more disconcerting. This outburst should, ordinarily, not elicit response from reasonable people who know the distinction between a legitimate business that is not in any way injurious and a certain predilection for anarchy.
“Clinging to an anachronistic model of animal husbandry, which is evidently injurious to harmonious relationship between the herders and the farmers as well as the local populace, is wicked and arrogant.
“Comparing this anachronism, which has led to loss of lives, farmlands and property, and engendered untold hardship on the host communities, with buying and selling of auto parts is not only strange. It, annoyingly, betrays a terrible mindset.
“Mr. Malami is advised to approach the court to challenge the legality of the laws of the respective states banning open grazing and decision of the Southern Governor Forum taken in the interest of their people. We shall be most willing to meet him in court.
“The decision to ban open grazing stays. It will be enforced with vigour,” said Akeredolu.
For his part, Lagos lawyer and interim chairman of the Alliance on Surviving Covid-19 and Beyond (ASCAB), Mr. Femi Falana said comparing cattle grazing and sale of spare parts is not applicable.
“The attorney general of the federation equally said that banning open grazing is like banning the sale of spare parts. The comparison is not applicable as the sellers of motor parts who operate in shops and markets in all states have not been accused of engaging in the killing of fellow citizens and destruction of their properties. Besides, those who sell spare parts outside their states of origin either acquire properties or pay rent for their lawful business.
“…The federal government and the 36 state governments have, at various fora, banned open grazing in all states of the federation and the Federal Capital Territory.
“In view of the desperate moves of some members of the geo-political class to divide the Nigerian people along regional basis it is pertinent to draw the attention of the members of the public to the following reports:
“On April 27, 2018, the members of the National Economic Council (NEC) resolved to ban open grazing and adopt the Livestock Transformation Plan of the federal government. The NEC is constituted by the Vice President, the 36 state governors, the minister of finance and the Central Bank Governor.
“On February 9, 2021, the Northern Governors’ Forum banned open grazing in all states in Northern Nigeria. On February 11, 2021 the Nigeria Governors’ Forum banned open grazing in all the 36 states of the federation. On May 14, 2021 the Southern Governors’ Forum banned open grazing in the 17 states in Southern Nigeria
“On May 18, the PDP Governors Forum endorsed the decision to ban open grazing in the entire country.
“Based on the ban on open grazing, not fewer than 24 states governments have submitted applications to the federal ministry of agriculture for grant to facilitate the establishment of ranches in line with the Livestock Transformation Plan of the federal government,” Falana said in an article entitled ‘Open grazing is no north-south issue.’
Similarly, a senior lawyer, Mr. Ebun-Olu Adegboruwa, said Malami’s comment was beyond the scope of his powers as he was not in a position to interpret the constitution.
“The proponents of open grazing support it with the right to freedom of movement granted under Section 41 of the Constitution.
“This section cannot be interpreted to violate other constitutional provisions, especially Section 43 that grants the right to private or public property,” said Adegboruwa in a statement.
Also reacting, the pan-Yoruba socio-political organisation, Afenifere, said Malami’s comment was a direct endorsement of the murderous herdsmen.
“The sectarian and emotional vituperations of Abubakar Malami on the ban of open grazing of cattle by the governors of Southern Nigeria did not come to discerning Nigerians as a surprise.
“It only pitiably exposed him as being most unfit for the office of the attorney-general having always allowed his sectarian disposition to becloud his eminent qualifications.
“Contrary to his latest vituperations, the ban on open grazing and movement of animals by foot is not a denial of freedom and liberty of movement and does not require the slightest touch of the constitution for the governor to pronounce. For the attention of Malami, most of the states already have laws banning open grazing and the pronouncement of the governors was merely to give effect to an existing law,” said a chieftain of the group, Mr. Sola Ebiseni in a statement on behalf of Afenifere.
Also in its reaction, the South-South Governors’ Forum faulted Malami on the comparison saying the spare parts dealers are legitimate traders.
Chairman of the Forum and governor of Delta State, Dr. Ifeanyi Okowa, who spoke through his chief press secretary, Mr. Olise Ifeajika, said the spare parts traders are law abiding.
“The spare parts traders before starting their business, rented shops or as the case maybe bought land and built shops. They obey the laws of the land.
“Herdsmen move their cattle into people’s farm and destroy their farm produce. When the owners talk, the herders will kill, destroy, rape their women and even kidnap them,” the governor said in a statement.
Senate spokesman, Mr. Ajibola Basiru, in his reaction urged President Muhammadu Buhari to sack Malami for “less than dignifying” argument of equating open grazing with southerners selling spare parts in the north.
He said Malami’s remark was not dignifying of the status of the nation’s attorney general and minister of justice.
He said equating the activities of nomadic herdsmen destroying people’s means of livelihood with other people legitimately selling spare parts in their shops stood logic on its head.
He said Malami’s comment is capable of derailing the unity, peace and progress of the country.
Also, the chairman of the Southeast Governors’ Forum and governor of Ebonyi State, Mr. Dave Umahi, said critics of the ban on open grazing in the south wanted killings to continue.
Speaking yesterday at a press briefing organised by the presidential communications team at the State House in Abuja, Umahi said allowing cows to move freely would mean trespassing on people’s property as the south had no grazing routes.
“These foreign herders also come as mobile herders with AK47, and that’s the source of conflicts. They’re pretending that they’re rearing cattle and they’re killing people. In my village, a white man handling construction was kidnapped. I don’t support cattle to move from one state to the other.
“Let’s treat this cattle rearing as a business. Take money from federation account and develop ranches. There are designated ranches in the north. The northern governors are willing but are being frustrated. We want to live in peace. We want to live as brothers and sisters. When people go to other areas, they buy land, they rent a shop. That’s how businesses are done. You don’t enter people’s land without their knowledge. It’s not done anywhere. I don’t think there’s any southeast person that enters any region and sets up a business without proper permission. So, that’s the truth about the open grazing thing. I think people misunderstand it. They don’t really understand what we mean,” he said.
