Court Finally Rules on Governors’ Ban on Open Grazing, Gives Reasons
- An Abuja court has affirmed the resolution of the southern governors on the open grazing
- The court noted that the governors have the right to ban open grazing in their states
- Justice Ijeoma Ojukwu, the presiding judge, gave the verdict on Thursday, May 20
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A Federal High Court sitting in Abuja, the nation's capital, on Thursday, May 20, affirmed the right of state governments to implement laws on open grazing.
TheCable reports that the presiding judge, Justice Ijeoma Ojukwu, gave the judgment in a suit seeking to compel President Muhammadu Buhari to direct security agencies in the country to enforce the Benue state open grazing prohibition and establishment of ranching law passed in 2017.
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Legit.ng gathered that the suit filed by a lawyer and indigene of Benue state, Matthew Tile Nyiutsa, argued that Buhari, by his oath of office, has an obligation to uphold and preserve the law of the land.
The court in its decision said it lacked jurisdiction to compel the president to abide by his oath of office.
The judge, however, said since the open grazing prohibition law 2017 was passed by the Benue state House of Assembly and has not been voided by any competent court of law, the state has the power to carry out its implementation.
Premium Times also reports that the judge added that it behoves on the people of Benue state and law enforcement agencies, task force, etcetera to employ all legitimate means to implement that law.
She said:
“The plaintiff may have genuine concern in respect of the facts averred, but there are procedures set out by law to address issues concerning citizens’ rights and violations.
“It is not the duty of the defendant on record. it is only where there is an infraction of the provision of that law that the court may be invited to impose the prescribed sanctions."
Ojukwu noted that the matter of the enforcement of the law borders on the issue of non-compliance with the oath of office and misconduct which the National Assembly is empowered to deal with.
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Meanwhile, Legit.ng had previously reported that the Arewa Consultative Forum (ACF), the mouthpiece of northern Nigeria, expressed support for the call of the southern governors to ban open grazing of cattle.
It was reported that the ACF chairman and immediate past minister of agriculture, Chief Audu Ogbe, made this known in a statement on Monday, May 17.
He said the herders who show no regard to boundaries whether state or regional have to be stopped.
In a related report, Abubakar Malami, the attorney-general of the federation, said the resolve of southern governors to ban open grazing is illegal.
The southern governors at a recent meeting in Asaba, Delta state, resolved to ban open grazing and the movement of cattle by foot.
Malami faulted the decision of the southern governors, saying that the resolve of the governors does not align with the provisions of the constitution.
Also, the Ondo state governor, Rotimi Akeredolu, said the decision of the southern governors to enforce the ban on open grazing is irreversible and that it will be enforced with vigour.
Malami had criticised southern governors' ban on open grazing and this angered Akeredolu who said the minister's defence of the outdated model of rearing animals reeks of arrogance and is wicked in nature.
Source: Legit.ng
