A Senior Advocate of Nigeria, Chief Ifedayo Adedipe, speaks to MARITHA EBOLOSUE on the recent controversial statement made by the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), and how the current security crisis arising from the criminal activities of some herders can be resolved

What do you think about the statement of the Attorney-General of the Federation comparing the open grazing ban in southern Nigeria to the prohibition of spare parts trading in the northern part of the country?

I believe it is his opinion. However, the fact remains that we do not need open grazing as it is primitive. If anyone wishes to rear cattle, then ranches are necessary. So, for the Attorney-General of the Federation to make such comments is not only divisive, it also shows his lack of understanding. What is the relationship between the law-abiding spare parts dealers in the North and herders, who trespass on citizens’ farmlands, raping their wives, kidnapping, killing and causing all sorts of mayhem? I, therefore, think Malami’s position on the matter is wrong. It has no constitutional basis.

Do you think the freedom of movement as contained in the Constitution applies to the herders in this case?

Look, there should be a distinction between the herders and their cows. If a herder wishes to move as a citizen of Nigeria, then he is free to do so. But a herder is not free to move with his cows wherever he pleases if such movement constitutes trespass and a breach of another person’s fundamental rights. The right of movement guaranteed in the Constitution does not extend to cows as they are not Nigerian citizens. The fundamental rights guaranteed in the Nigerian Constitution apply strictly to humans and not animals. This is why they are called human rights.

Remember that where my liberty starts is where yours ends. You cannot rely on your liberty to move to trespass on my property, unless I expressly permit you to do so. In this light, Section 41 of the Constitution will not avail any herder, who commits a crime in Nigeria.


Would you say Malami’s opinion reflects a certain kind of bias toward the North in particular?

As an official of the Federal Government, that kind of comment will appear unhelpful; it is very divisive and lacks basis. Although Malami’s comments make it look like the northerners do not appreciate what their southern counterparts are doing, I will not say it reflects a northern mindset. After all, the Miyetti Allah people took a position similar to that of the southern governors. Also, the Kano State governor equally supported the ranching system. In fact, the Kano State governor offered that anyone who wishes to adopt the ranching system should come to Kano.

The southern governors actually discussed a whole lot of things, especially security challenges in Nigeria. Anyone who doesn’t agree with them is not a proponent of positive change. The focal point should not be cows; cows are not gods. Therefore, it will be unsafe to say that Malami’s comments reflect a kind of bias toward the North.

The Human Rights Writers’ Association of Nigeria has called for the resignation of the Attorney-General of the Federation, are you in support of this?

Why should Malami resign? He has merely expressed his opinion. I personally do not agree with Malami, but I believe he has a right to hold any opinion of his choice. Judging by Malami’s comments, one can say he ought not to be our attorney-general but one cannot say he ought to resign as a result of those comments.

The Attorney-General of the Federation made a statement, which is generating controversies, do you think such a statement is capable of causing more tension in the country, especially in the North, where Igbo spare parts dealers ply their trade?

I think Malami’s statements only succeeded in diminishing no one but himself, seeing that those statements are grossly immature. This is because there really is no basis for comparing spare parts dealers with herders. Those who sell spare parts hire their spaces, they pay rents, taxes and so on. You cannot honestly compare them to those who trespass on other people’s farmlands, destroy the farms, and in many cases, kill the farm owners.

Look, we have had cattle herders in this country for ages. This crisis only began in the last couple of years. And this problem arose because the Federal Government did not effectively react to the menace when it first started. If you can recall, the Minister of Defence at one time alleged that people were blocking grazing routes and the then governor of Bauchi also alleged that people were demonising herders and killing their cows. Comments like these are not helpful. Ordinarily, when this crisis began, the Federal Government should have reacted immediately. I have yet to read any address by the President condemning this harmful development.

Do you think the Attorney-General of the Federation ought to retract his statement or make some form of public apology?

As I earlier mentioned, Malami merely expressed his personal opinion. Why should he apologise for that? I am sure some people will not agree with what I am saying, but I will not listen to anybody calling for Malami to retract his statement. Malami has a right to free speech under the Constitution. Section 39 of the Nigerian Constitution (as amended) provides that everyone is entitled to freedom of expression, including the freedom to hold opinions.

The Federal High Court in Abuja recently held that the power to enforce the anti-open grazing laws rests on the state government. What steps should the state governments take to fully implement the laws?

The Land Use Act vests all land in the state governors. Laws have been enacted; any violation will lead to sanctions. They are called executive governors, because they have the means of enforcing the laws in their domain. If a person were to commit robbery, would the government not enforce the Robbery and Firearms Act? The police are also there for this purpose. If the police receive instructions not to carry out their duties, that is when the problem arises. The state governors have the power to take whatever steps are necessary for the smooth running of the affairs of their states as stipulated in laid down laws.

Considering the incessant killings and destruction of property caused by some herders, why has no herder been prosecuted for these crimes?

The Federal Government has not handled the matter well. Its position is quite dubious and regrettable. You cannot have a set of people wandering about, killing people, terrorising villages, raping women, wreaking havoc and getting away with it. I maintain that this is unthinkable and the government has failed us.


Are you in support of the provision of ranches for herders, considering the fact that they have previously not been paying taxes or remitting any amount to the government?

If ranches are provided for these herders where they keep all their cows, trade and engage in all commercial activities, then I think it will be easier for the government to tax them. For example, where there is Ranch A, Ranch B, Ranch C and so on, the number of cows in each ranch can easily be calculated in addition to how much each cow is being sold for. Value Added Tax and other forms of taxes can easily be charged when cattle trading is organised. This is one reason why we need to modernise our economy.

Do you think that the herders should equally be protected from attacks, seeing that they are often profiled to be criminals?

Of course, the government should be able to protect the herders from all forms of abuse, whether physical or emotional. This is because if we are to be honest, not every herder is a criminal. We’ve had too much profiling that is harmful and needs to stop. When these herders eventually settle in ranches, these ranches must be fully protected from rustlers and miscreants. It is also their right as Nigerian citizens to be protected by the government.

What will you suggest can be done to prevent hostilities and foster peaceful coexistence among the different tribal groups in the country?

I think the Federal Government knows what to do but has just refused to do it. Between 1999 and 2007, we had these herders among us; did we have this kind of situation during that period? So, what brought about this? It is the sudden realisation that the Federal Government is partial in its treatment of the various ethnic groups in the country. This being the case, people have not been conducting themselves properly, believing that they have the support of the government and it is not surprising that such people have not been cautioned.

The duty of dousing national tension clearly rests on the shoulders of the President. The duty to sustain peace, order, safety and progress of Nigeria is that of the Federal Government. This can be achieved by regular intercourse of ideas. Let the government talk to the people from time to time, and not people who have not been elected. I do not know who elected Femi Adesina or Shehu Garba, nobody elected them. However, the President was duly elected and he should be the one talking to people since it is an issue of national security.

Town hall meetings, zonal meetings and state meetings can be held with various stakeholders, religious leaders, political and traditional leaders, professional bodies and so on. The government ought to talk to the people and vice versa. I am sure if we do this, tension will die down. It is not in anybody’s interest that peace should not reign in Nigeria. We do not pray for a continuation of the crises and with the right actions, peace can be restored.
Source: https://m.punchng.com/Fundamental-human-rights-apply-to-herders-not-cows-cattle-not-human-beings-Adedipe-SAN.

WE BLEEP THEM IN THE NORTH AND SO WE DEFEND FUNDAMENTAL RIGHTS OF COWS.