Human rights lawyer, Femi Falana, SAN, has said under the
Land Use Act, the Federal Government has no control over land outside the
Federal Capital Territory in Nigeria.
He said this on Channels Television’s Politics Today
programme in reaction to the committee approved by the President, Major General
Muhammadu Buhari (retd.), to review 368 grazing routes across 25 states in
Nigeria.
According to Falana, “As far as the law is concerned, the
President cannot, with profound respect, be looking for grazing routes in 2021
Nigeria. The Northern Governors’ Forum, Southern Governors’ Forum, Miyetti
Allah and other stakeholders have come to the conclusion that open grazing is
obsolete and no longer relevant.”
He said the President cannot impose any land policy on
states, adding that “the land in every state in Nigeria is vested in the
governor on behalf of the people.”
“Under the Land Use Act, the Federal Government has no
control over land in Nigeria outside the Federal Capital Territory, and I think
that has to be made very clear.”
He recalled that in 2018, the Federal Government came up
with a policy called the National Livestock Transformation Plan, including
ranching which he said has been adopted by the 36 state governments.
He added that fund has also been allocated to states who
have started the implementation of the policy.
“One then wonders where the idea of grazing routes or
reserves is coming from,” he said.
“If the state governments have adopted and are already
investing in the ranching policy of the Federal Government which has given
money to one state(Katsina), what is required under the constitution since
there is equality before the law, is that the Federal Government has to make
available to each states N6.25bn like it has been made available to Katsina
State so that ranching can begin in earnest in the country. That would solve
this problem once and for all.
“So, the Federal Government has to go back to its own policy
which is the National Livestock Transformation Plan. We can’t go back to the
policy of the 60s which was applicable under the colonial regime.”
Falana said the committee tasked with the review of grazing
routes in Nigeria needs to check to see if its move is in “consonant with the
Land Use Act which is the law that guides land management in Nigeria today.”
“Under that law, the Federal Government cannot impose any
land policy on any state government in Nigeria.”
On forest reserves, Falana said such are the business of
state governments, adding that the Federal Government is in agreement as
announced by the Secretary to the Government of the Federation.
He said, “Majority of the state governments in Nigeria have
in place valid and subsisting forestry laws. The Ondo State government has a
forestry law under which it is a criminal offence for anybody to commit
trespass on the forest reserves of the state government without authorisation,
and that is the position with many state governments.”
On the issue of foreigners posing as herders in forests, the
human rights lawyer stated that no protocol of the Economic Community of West
African States allows foreigners to operate illegally in member states.
He said, “With respect to ECOWAS, again I want to appeal to
Nigerians to appreciate that there is no protocol of the ECOWAS that allows
illegal movement of persons and goods in the region. What you have in place is
the protocol of free movement of persons and goods of establishment.
“Articles 3 and 4 of the protocol allow each member state of
the ECOWAS to guide its borders so there is no unrestrained influx of
foreigners. So, you cannot enter any member state of ECOWAS without a passport.
You must have your travelling document before you can be admitted into any
country in West Africa.
“So, let nobody give the impression that because of the
ECOWAS protocol of free movement, anybody can just enter Nigeria. You must show
evidence that you are coming into the country. And if you are bringing animals,
you are bringing them under the Diseases Act of the Federal Government. The
animals being brought in must be examined to ensure they are not bringing in
diseases to the country. That is the law.
“It is our duty and responsibility to draw the attention of
the government to its duty under the law. Let nobody give you the impression
that anybody can move cattle from Niger, Mali or Senegal without the
examination of the animal and without the production of travelling document.”
When asked to state the government agency assigned to
enforce such laws, Falana said, “The Federal Ministry of Agriculture is
empowered to implement the provisions of the Animal Diseases Act. The
Immigrations and Customs departments are empowered by law to man and ensure
that nobody enters Nigeria without a travelling document.”
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