- Fulani herder in fluent English suggests solution to farmer-herder crisis (video)
On account of the destructive activities of rogue herdsmen on farms across communities in Nigeria, a Bill which seeks to ban open grazing and establish a national agency for the regulation and management of ranches in Nigeria has passed second reading in Senate.
The Bill is titled: “A Bill to establish a National Animal Husbandry and Ranches Commission for the regulation, management, preservation and control of ranches throughout Nigeria; and for connected purposes, 2024”
However, while condemning the activities of the murderous herders and the resultant effect on food security in Nigeria, a retired justice of the Supreme Court, Hon. Justice Ejembi Eko maintains that laws should be rightly enacted and deployed.
Eko, JSC in a chat with Law & Society Magazine said: “You can find neither agriculture, nor Animal Husbandry or Ranching, in either the Exclusive Legislative List(ELL) or the Concurrent Legislative List(CLL). Item 29 of ELL is only about Fishing and fisheries in littoral waters: international coastal waters, other than inland waters, rivers, lakes, ponds etc.
“Items 17(c)&(d) and 18 of the CLL relating to establishment of agricultural research institutes, or bodies for the promoting or financing agricultural development of the State.
“Of course, Item 20 of the CLL defines agricultural to include fisheries. Items 17 & 18 of CLL cannot be violently stretched, by any cannon of interpretation, to include Animal Husbandry and Ranching.
“A House of Assembly referred to in Item 19 of CLL means House of Assembly of a State, by dint of Section 318 of the Constitution.
“Neither Animal Husbandry nor Ranching of animals is a substance or matter within either the ELL or CLL that the Constitution, in section 4(2)-(4) thereof, empowers the National Assembly (NASS) to legislate on.
“Animal husbandry and ranching, appearing to be Residual matters, fall within the exclusive legislative competence of the House of Assembly of a State to legislate on, by virtue of Section 4(6)&(7) of the Constitution which, in section 1 thereof, is binding on the NASS.
“If, therefore, the NASS enacts any law outside its devolved legislative powers or competence such an exercise, being ultra vires its constitutional powers, shall be null, void and unconstitutional. The Bill on Animal Husbandry and Ranching before the NASS, which is generating a lot of emotions, seems to be heading in the direction of an exercise in futility as the NASS lacks the necessary constitutional mandate or legislative competence to enact it.”
Although some ranking Senators from the northern part of Nigeria objected to a part of the bill which says pastoralists should establish ranches in their state of origin, rights lawyer, Kunle Edun noted that: “Ranched cows are healthier and safer.”
Edun in a WhatsApp chat posted on the platform of Human Rights Defenders said: “Ranching can be done by any businessman. Local Governments in Nigeria can even go into the business of ranching of cows and other animals. The business is not confined to any particular region, tribe or religion. Imagine at least 3 States in the SW, SE and SS investing heavily in ranching business. That will change many things.
“Let us think out of the box. Government should encourage other regions, States and businessmen to start ranching businessmen.”
Watch video of the herder’s speech below.
