ANTI-GRAZING BILL: CATHOLIC BISHOP OF MAKURDI DIOCESE WRITES SPEAKER OF BENUE HOUSE OF ASSEMBLY

MEMORANDUM

TO:
THE SPEAKER AND CLERK BENUE STATE HOUSE OF ASSEMBLY.

FROM:
MOST REVD WILFRED CHIKPA ANAGBE Cmf
CATHOLIC BISHOP OF MAKURDI DIOCESE.

RE: PUBLIC HEARING IN RESPECT OF A BILL FOR A LAW TO MAKE PROVISION FOR THE ESTABLISHMENT OF LIVESTOCK PROMOTION, DEVELOPMENT AND REGULATORY AGENCY, 2016 AND FOR PURPOSES CONNECTED THEREWITH

DATE: 24TH DAY OF MARCH, 2017.

PREAMBLE:

The catholic Diocese of Makurdi is a religious body comprising one of the four Dioceses that make up the Catholic Church in Benue State. The church since its emergence on the Benue scene has continued to minister to the welfare of the people which is evident in the establishment of schools to educate the young, and hospitals to treat the sick, farms and other ventures to care for both the spiritual and the physical wellbeing of our faithful.

For years now, the local communities where we work have continued to be under attacks with automatic rifles wherein many are killed, houses destroyed and property looted. The farms are not left out as the herders allow their cattle to feed on and destroy same. These incessant attacks are very fresh in mind especially the quite recent one happening in Buruku and Katsina-Ala Local Governments.

In recent times, these attacks have become more organized in terms of organization and tactics. The use of sophisticated weaponry is now employed and the determination of the herdsmen seem now than ever not only about feeding their livestock but a grand plan to invade these communities and occupy the land displacing the people from their ancestry lands.

Much quite from that, with the increase in population and added pressure on the available land and the people of Benue being agrarians, it becomes very difficult to accommodate free and open grazing of cattle. Clashes are inevitable and it is only ranching that can solve the problem especially as it is done elsewhere in Europe, America and other sister African countries like Kenya, the Cameroun, etc.

Let it be instructive to note here that our pastoral duties to the people have made it necessary to identify with them now, more than ever in this their period of grieve, suffering and helplessness. As worthy partners, we believe that this bill, if passed into law, taking into consideration the suggestions we will be making herein, the menace of the herdsmen-farmers clash will be curtailed or eradicated in its entirety in Benue State. We want to state quickly first and foremost that we are not against the passage of a Bill to address the herdsmen problem but urge you Mr. Speaker to in your deliberations consider the views and suggestions we have made here and that of other stakeholders in the state as you pass this very important law.
In recent times and from history of the ancient, the problem in Benue State has always been that of Fulani Herdsmen descending upon the plains of the Benue Valley to openly graze their cattle. These unrestricted movements of strangers around the communities has always posed a big problem. They destroy people’s farms, eat up their crops and produce. When there is resistance, there ensue murder and mindless slaughter of the people.

In the recent attacks and killings, The Governor ordered that, herders be escorted out of Benue State but of course from my brief, the Commissioner of police declined not having the powers to carry out such orders. I consider from my kind opinion that it was the right time to make a law to fill this lacuna.

It may be argued in some quarters that freedom of movement is a fundamental right but under the same constitution, section 41(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) empowers a law making body in Nigeria to make law that is reasonably justifiable in a democratic society.

Furthermore, section 45(1) (a) and (b) have given grounds upon which some fundamental rights of some persons can be restricted or derogated from namely;  sections 37,38,39,40&41. Section 41 which borders on freedom of movement is included in the rights that can be restricted for the purpose of public safety, public order, defence and protection of the rights and freedom of others.

It is not in doubts that there is a breach of public safety and public order in Benue State or that the rights of the Benue citizens have been grossly affected by the activities of these marauding herdsmen. They have killed, displaced people from their homes, plundered the people’s farms, destroyed their homes and fed their cattle with the people’s crops. They have invaded and are claiming title of the people’s ancestry lands and homes.

Having said all that, let us make bold to state clearly that law is made for the purpose of curing mischiefs. The mischief here is that the presence of these herdsmen and their grazing activities has posed a lot of danger to the people and the best thing to do is make a law to declare persona non grata of these invaders in Benue so that in the future nobody can say I don’t have powers to expel them.

The issue at stake here is not how government can give ranch permits or establish ranches around the state or declare particular public domains grazing lands. If that were the case, with due respect to the House, there shouldn’t have been any need for a law. The issue that brings violence is the unrestricted presence of these Fulani herdsmen and their grazing pattern around the communities. The first thing to do quickly first is to stop their coming in since they constitute a threat to public order, safety, and the freedom and rights of the indigenes.

Adding to it, being human as we are, taking to the option of a regulatory agency that will take over whole communities for public ranches, there is a fear that if the agency is compromised the same herdsmen will take over the system and manipulate it giving them upper hand backed by a law.

The best thing to do is to make a law prohibiting open grazing in Benue State which inevitably means that people will have to ranch. It is then that an agency to regulate these ranching activities will be needed.

Secondly, every state in Nigeria is blessed with a particular farming/economic activity they embark upon. Benue State is predominantly a crop farming state known for producing staple crops like cassava, rice, yam, corn, cowpea, sweet potatoes, millet, sorghum, and a variety of fruits and vegetables. It is also a leading producer of various cash crops like beniseed and groundnuts. A lot is left to be done by government to enhance the farming activities of the indigenes in the state to help improve the very many areas of the state’s agricultural endowments as it is preached by the current administration with view of diversifying the economy.

But it is curious why our government has taken very keen interest in cattle rearing when less than 1% of its indigenous population is involved in this area of agriculture. Setting up a government agency to establish ranches and also acquire lands for that purpose with public funds when over 99% of the beneficiaries will not be Benue citizens raises a lot of questions which agitate the mind and are begging the answers.

This bill seeks to provide public ranches run by public funding for the purpose of private business endeavors of majority of people who are foreigners. This goes to suppose that Benue has land to set aside for anybody be they Fulani, Yoruba, Ibo or even the Americans e.t.c to come to Benue State and get licensed and or permit to rear cattle on lands seized by the government to establish ranches.

What is the business of Benue State Government with cattle rearers  who cannot find grazing lands for their private business ventures? And what then becomes of the peasant farmer whose land will be taken away for such purposes knowing that Benue State indigenes do not have reciprocal priviledges from the states these invaders come from?

The overall scenario played out here is that the grazing reserves sought for by the Federal Government is indirectly being granted here by the introduction of public ranches ran by government for the Fulani cattle rearers which to our humble view is anti people.

Let us just state briefly here that these exercise no matter how beautifully done will later on amount to a total waste of time and resources by the government. Issues of land acquisition are settled. Public ranches for private business use are not overriding public interest and hence the law itself or the agency itself may not be able to discharge its duties of establishing public ranches.  Even if it were, it will be against public policy, justice, good conscience, equity and fairness for government to take over indigenous lands to establish ranches for foreigners.

Stating all that, it brings us to the law itself. Permit me to make the following observations that we believe if addressed will transform whatever has been sponsored by whosoever and howsoever into a good law.

The title of the law should be changed to A BILL FOR A LAW TO PROHIBIT OPEN REARING AND GRAZING OF LIVESTOCK AND PROVIDE FOR THE ESTALISHMENT OF AN AGENCY FOR THE REGULATION AND CONTROL OF LIVESTOCK REARING  AND MATTERS CONNECTED THERETO, 2016

SECTION 2.
The definition of commercial ranch is vague and so is the definition of General ranch. So also is the definition of Ranch which talks only of a secured track putting a disjunctive “or” before the land making it to stand on its own.
Ranching under the law is given the most porous and opposite meaning to the normal practices in ranching business.

SECTION 3.
The Bill apart from establishing an agency, has other objects which are totally ignored, restricting the business of the bill only to the powers and objects of the agency. We suggest that the proposed law has other objects, this section should clearly set out the main objects of the enactment, else, it seems the only concern here is to establish government ranches. (Grazing reserves)

SECTION 4.
This section should totally be rejected. There is no point for government to start going into establishing ranches. Has government acquired land to give to farmers to farm yam? Or fish ponds, poultry farms, e.t.c. why cattle rearing when its poor indigenes cannot afford participating in such ventures. To whose benefit are these ranches going to be operated?

Curiously too, there is no mention again of commercial ranches throughout the bill. It means that the proposed law does not even contemplate private participation in cattle rearing. This bill is alien to us with due respect.

Taking section 4 out, there will be no need for 5, 6,7 and 8 rendering them liable to be struck out of the bill.

SECTION 9.
The language of this section should be positive, totally prohibiting open grazing rather than the version of what we have here. Mr. Speaker open grazing is not the same with nomads. Too much rhetorics will render this section ambiguous.
The punishment for the contravention of this section should also be considered to make it more viable and deterring.

Sections 10, 11, 12, 13, 14, 15, 16 and 17 may remain safe only to any duties pertaining to establishment and administration of public ranches and any other function tending to promote same.

SECTION 18.
The Governor should not be the Chairman but his nominee to be confirmed by the House of assembly.
Representative from Christian Association of Nigeria and Muslim in the state should be removed from the Bill.

Section 19, 20, 21, 22, and 23 may remain safe only to any duties pertaining to establishment and administration of public ranches and any other function tending to promote same.

SECTION 24.
The agency may receive gifts but certainly taking gifts on terms and conditions prescribed by the individual or group giving as a legal provision in the law is very unsafe considering the times we are living in.

Section 25, 26, and 27 may remain safe only to any duties pertaining to establishment and administration of public ranches and any other function tending to promote same.

CONCLUSION:
We appreciate the Benue State House of Assembly for taking up this initiative at the time it has become very apt that legal means has to be used to safeguard the lives and wellbeing of our people.
But being that as it may, the Assembly should study this law carefully and consult with experts to close all loopholes that are evident in the proposed law. Prevention is better than cure.

The law should strictly prohibit open grazing and establish an agency to ensure compliance with the law including setting guidelines, standards and qualification for the issuance of permits to operate ranches for the intending private person or citizens. Outlaw use of firearms by ranchers, provide for vehicular transportation of livestock to ranches, markets and slaughter houses.

Note fervently that we work with the people and our views are the true and honest feedback on the yearnings and expectations of the people. As a church, we corroborate with Government and give unbiased and wise counsel as we are doing in this case.

May the peace of the Lord abide with you as you discharge this onerous task for God, nation and State.

Fraternally Yours,
_______________________________________________
Most Revd. Wilfred Chikpa Anagbe, Cmf
Catholic Bishop of Makurdi Diocese.
CC:
The Executive Governor, Benue State.

For your information and necessary action.

_______________________________________________
Most Revd. Wilfred Chikpa Anagbe, Cmf
Catholic Bishop of Makurdi Diocese.