Femi Falana, human rights lawyer, has advised the federal
government to prohibit the influx of armed herders into Nigeria.
Falana was reacting to a statement by Lai Mohammed, minister
of information, who had said that some of the bandits and criminal herdsmen
terrorising the country are foreigners.
Mohammed had said the federal government is seeking an
amendment of the Economic Community of West African States (ECOWAS) protocol on
free movement of human and cattle within the sub-region.
But Falana said contrary to Mohammed’s claim, the ECOWAS
protocol does not permit the uncontrolled entry of armed herders into Nigeria.
He noted that the bane of Nigeria’s problem is the
“ostensive lack of enforcement of extant laws” and the dereliction of duty to
enforce such laws.
He said instead of blaming the ECOWAS protocol, the federal
government should prohibit the movement of cattle and herders into the country
pursuant to section 20 of the animal disease act.
“With respect, the ECOWAS Protocol A/P.1/5/79 Relating to
Free Movement of Persons, Residence and Establishment (Free Movement Protocol)
does not permit any form of trans border banditry and illegal possession of
arms and ammunition,” Falana said in a statement.
“Instead of seeking a review or an amendment of the
Protocol, the Federal Government should take advantage of Article 4 thereof
which states that ‘Notwithstanding the provisions of Article 3 above, Member
States shall reserve (the right to refuse admission into their territory any
Community citizen who comes within the category of inadmissible immigrant under
its laws.
“It is submitted that such restrictive domestic
inadmissibility laws allow Nigeria to invoke her domestic laws to deal with the
menace of trans border criminality traced to armed herders and bandits.
“One of such domestic laws is the Animal Diseases (Control)
Act (Cap. A17) Laws of the Federation of Nigeria 2004 that provides for the
importation and exportation of animals, surveillance of importation, seizure or
destruction of animals, control of trade animals e.t.c. among other things.
“Specifically, the Act states that the importation of any animal, animal products or biologics into Nigeria from any other country by land, sea or air is prohibited except under a permit granted by the Director who in each case shall state the conditions under which the animal, hatching eggs or poultry may be imported.
“Another relevant legislation is the Firearms Act (Cap. R11) Laws of the Federation of Nigeria 2004 which provides that no person shall have in his possession or under his control any firearm except in accordance with a licence granted by the President acting in his discretion or except in accordance with a licence granted in respect thereof by the Inspector-General of Police.
“Any person who contravenes any of the provisions of the
Firearms Act is guilty of an offence and liable on conviction to a minimum
sentence of ten years or five years imprisonment depending on the provision(s)
breached.
“As a matter of urgency, the Federal Government should
direct immigration officials to prevent armed herders from entering the country
while the Police should be allowed to arrest and prosecute herders caught with
arms without licences.”
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