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BAN ON OPEN GRAZING: Malami and the Southern governors

From Left: Governor Godwin Obaseki of Edo; Dapo Abiodun of Ogun, Akwa Ibom Deputy Governor, Moses Ekpo; Governor Willie Obiano of Anambra, Douye Diri of Bayelsa, Ebonyi’s David Umahi, Kayode Fayemi of Ekiti, Chairman, Southern Governors Forum and Governor of Ondo, Rotimi Akeredolu; Senator Ifeanyi Okowa of Delta, Nyesom Wike of Rivers, Babajide Sanwolu of Lagos, Enugu State’s Ifeanyi Ugwanyi, Imo Deputy Governor, Placid Njoku; Oyo State Governor, Seyi Makinde and Okezie Ikpeazu of Abia in a photograph after Southern Governors meeting at Government House, Asaba

The Anti-Corruption and Research Based Data Initiative (ARDI), on Saturday, said the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN)’s expression on open grazing was simply aimed at depicting freedom, rights and ownership and not indirectly targeted at any ethnic group, Nigerian Tribune reports.

Abubakar Malami (SAN), Attorney General of the Federation and Minister of Justice


A few days ago the Vanguard reported that “the Chairman of the South West Governors Forum, Rotimi Akeredolu, has lambasted the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami on his position that the ban on open grazing by southern governors was akin to banning all spare parts trading in the North. Akeredolu in a statement personally signed by him on behalf of the southern governors in Akure, Ondo State said “lt is most unfortunate that the AGF is unable to distill issues as expected of a Senior Advocate.He declared that ‘the ban open grazing was irreversible and will be enforced’.

The report actually came with the following pointers from Ondo State Governor’s statement

… Ban irreversible and will be enforced

… lts unfortunate Malami unable to distil issues as expected of a Senior Advocate

… Comparing ban on open grazing with spare parts ban is annoying, betrays a terrible mind set

“l have just read the press statement credited to the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami on the resolution of the Southern Governors Forum to ban open grazing in their respective States”, Akeredolu’s statement reads.

“The AGF is quoted to have said that this reasoned decision, among others, is akin to banning all spare parts dealers in the Northern parts of the country and is unconstitutional.

“lt is most unfortunate that the AGF is unable to distil issues as expected of a Senior Advocate.

“Nothing can be more disconcerting. This outburst should, ordinarily, not elicit a response from reasonable people who know the distinction between a legitimate business that is not in any way injurious and a certain predilection for anarchy.

“Clinging to an anachronistic model of animal husbandry, which is evidently injurious to a harmonious relationship between the herders and the farmers as well as the local populace, is wicked and arrogant.

“Comparing this anachronism, which has led to the loss of lives, farmlands, and property, and engendered untold hardship on the host communities, with buying and selling of auto parts is not only strange. It, annoyingly, betrays a terrible mind set.

 “Mr Malami is advised to approach the court to challenge the legality of the Laws of the respective States banning open grazing and decision of the Southern Governor Forum taken in the interest of their people.

“We shall be most willing to meet him in Court. The decision to ban open grazing stays. It will be enforced with vigour.”

You would recall that Malami while reacting to the decision of the governors on open grazing not likening it to ban on spare part trading in the Northern part of the country but unconstitutional.

But then from The Nation’s Newspaper comes an opinion by Segun Gbadegesin captioned “SGF bares its fangs”

Oluwarotimi Akeredolu (SAN), Governor of Ondo state

“No one saw it coming as the Southern Governors’ Forum (SGF) drew its line in the sand of national politics penultimate week”, the story reads. “How did the forum manage a multiparty, multi-ethnic, and multi religious consensus on a bombshell of diverse policy implications? It’s a miracle of sorts.

“Well, maybe not quite. The governors are far behind the people of their zones. They are still farther behind cultural leaders and political activists who have, over the years, through formal and informal showings, underscored the commonality of their concerns and articulated same to the broader national audience. Indeed, the Southern Nigerian Peoples Assembly (SNPA) has been very clear in its presentation and articulating of its concerns not just as southern concerns but also as national concerns.

“The Southern Governors’ Communique of eleven paragraphs can be summed up as approximately focused primarily on three issues of national importance and urgency: security, foundation and structure of the nation, and governance matters. To these three substantive issues, they added two methodological approaches, including a presidential address and national dialogue.

“Without being presumptuous, one can hazard a guess that the security issue was on the highest list of the Governors and that it facilitated a meeting of minds for the emergence of the forum and its first meeting. It’s not difficult to assume that every governor, regardless of party affiliation, as the in-name-only Chief Security Officer of his state, has been overwhelmed by the tense insecurity across the land. We should give it to them that they are so mindful of their constitutional responsibility that they agree to bury their partisan differences.

“But any discussion of security cannot but bring to the table every aspect of our national institution and governance structures which have severally and collectively contributed to the architecture of insecurity that has become our lot. Obviously, a governor who doesn’t have constitutional supervisory authority over the police cannot perform effectively the constitutional responsibility of securing his state. There lies our constitutional conundrum. It is why a discourse on security cannot ignore the issue of, for instance, state police.

“However, the issue of policing cannot be treated in isolation, but only as part of the whole issue of the foundation and structure of the nation and an effective federal system of governance. Hence, our Southern Governors logically found themselves making recommendations on these matters. I am almost sure that these are matters that they didn’t take lightly. Those of them who are members of the ruling party must have weighed their contributions in light of their party’s position. And note, for instance, the verbal gymnastic from the Number 1 Senator, tongue-lashing the governors. Unprecedented you say. But it’s a price that these governors hopefully have thought about and remain convinced they are prepared to pay for the good of the nation.

“Now, the reactions have been wide and varied. And it would appear that, overwhelmingly, they have been positive. Even within NASS, it appears that the Senate President and Senator Ndume are the outliers. And I am sure that even they would be hard put to fault the governors on some of their recommendations. How can anyone fault them on their recommendation to ban open grazing when even Miyetti Allah has apparently conceded that it is an anachronistic practice and is only asking for government support for ranches and grazing reserves.

“ACF under the leadership of Chief Audu Ogbe, former Minister of Agriculture, is also solidly behind a ban on open grazing because they see the practice as not only outdated but also dangerous for food security. As Chief Ogbe, giving credit to Governor Ganduje, has rightly observed, the unhindered intrusion of foreign herders with AK-47 strapped around their shoulders, has been responsible for maiming and killing farmers. Therefore, they cannot be allowed free entry into the country. This is a policy matter for the Federal Government, not states, to handle.

“Now, the governors have not been parochial in their thinking. They haven’t presented the matter as a southern problem. Most obviously, it is a national problem. Surely, banditry and cattle rustling wouldn’t be as rampant if our national policy on livestock farming prioritized ranching and grazing reserves that are leased out to livestock farmers. Therefore, while the southern governors are able to identify security concerns in their areas of supervision, their recommendation is of nationwide application.

“If the southern governors recommendations on open grazing and security are of nationwide significance and good policy for the entire nation, such that even ACF and Miyetti Allah are supportive, the governors’ recommendation on foundational and governance structures are even more so, and ought to be equally supported.

“Every rational analysis of the spate of insecurity has been candid about the need for us to be comprehensive in our efforts to understand and deal effectively with it. Whether it’s Boko Haram or banditry or killer herders, we can only ignore the fundamental challenges of poverty and ignorance at our peril. Boko Haram has superior weapons, no thanks to its international sponsors.

“Boko Haram also has the advantage of the ease of recruitment among the poor and ignorant. Poor herders produce future generation of poor herders who are gifted AK47s as they traverse the forest and savannah regions of the nation with all the dangers they face, while their employers feed well and smile their ways to the bank. As long as these poor folks are there to be recruited, military offensive against Boko Haram or killer herders would amount to naught.

“Therefore, non-military efforts must be a priority. And these must involve reordering our other priorities so that we focus on human development initiatives which states and local governments are best positioned to initiate and accomplish. But our structure of governance which is decked against the states and local governments isn’t well positioned for this kind of initiatives.

“This is what the call for restructuring is all about. And both the North and the South will benefit. This is the message of activists and constitutionalists in the past thirty years. That the Southern Governors forum has lent its leadership voice is a thing of joy. Now, they must link up with the grassroots and cultural leaders with a common strategy to get it done.

“It is as clear as day where the South is on these matters. And the governors have certainly hit a winning goal across the region. I have always worried that extreme partisanship on the part of elected officials may stand in the way of getting it right with their constituents. With Southern Representatives and Senators queuing behind their governors, the solidarity is encouraging and should pay huge political dividends.

“Not a party to avoid seizing on opportunities, PDP and its governors have thrown their support behind SGF. In a strongly worded Communique at the conclusion of its Ibadan meeting this week, PDP Governors Forum demanded devolution of power to the states and local governments. This is all coming at the opportune time for the survival of the nation. It will be unfair to condemn the PDP position as opportunistic, because the party had endorsed restructuring in 2019 and its presidential candidate was endorsed by southern advocates of restructuring.

“APC must now take a stand. Recall that for sixteen years when PDP was in control, restructuring was an anathema, a word that automatically banned anyone from the Villa. But rigidity of position is only natural for inanimate objects, not humans with rational capacity. Now, even former President Obasanjo is singing the tune of restructuring.

“Which raises the obvious question: Wither APC? As a party that was the first to place restructuring on its list of “must dos” in 2015, and had a committee report and recommendations on the matter in 2018, what is holding it back now? A progressive party cannot afford to be left behind in the matter of progress.

“This newly found momentum must not wane. SGF has a responsibility to meet with its northern counterpart to advance the cause which it has so commendably started. Those highfalutin messages of the imperative of national unity can only go so far without the necessary sacrifice on all sides.

According to ARDI, the Nigerian Tribune reports, the implication of Malami’s alarm is that it is usually the encroachment of the right of other parties that is punishable and not the act of lawful grazing.

In a statement signed by the Executive Secretary of ARDI, Chief Dennis Aghanya, and made available to newsmen in Abuja, the group said no sane Nigerian was unaware of the usual rift between the herders and farmers resulting from movement of cows across the country.

“The barrage of criticism against the minister on the proposed ban on open grazing by the forum of Southern Governors is not necessary”, It said. “Analyzing the statement critically, the minister was not faulting the rights of the Governors to make decisions for the interest of their people.

“Rather, as the Chief Law Officer of the Federation, he was insisting on the precision of the order which needs to be enacted as a law by the various state assemblies so that such order can stand the test of any legal challenge and would not be perceived to target a section of people. Any order that is not passed as a law is certainly unconstitutional and that was what the minister was stressing.

“No sane Nigerian is unaware of the usual rift between the herders and farmers resulting from movement of cows across the country and a lasting solution is needed to nip the situation. But identifying the minister’s comment with ethnic and religious garment is mischievous and an ill wind that would blow no one any good.

“Malami, by his conduct and disposition, is very open and accommodating to all, irrespective of one ethnic, religious and social background. Hence, it is inconceivable to imply that he is an ethnic or religious bigot.

“The minister is not that too petty to be beclouded with ethnic sentiment at the detriment of what the law stipulates. Therefore, overheating the system on avoidable issues, when the country is grabbling with challenges of insecurity and global economic problems will do us no good.” A statement signed by Aghanya on behalf of ARDI stated.

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