Herdsmen: High Court Bans Open Grazing, Akeredolu Rules Effective Tomorrow


From tomorrow, Governor Rotimi Akeredolu’s seven-day grace to herdsmen to comply with a slew of rules will become effective.

With the rules being challenged by Aso Rock and Miyetti Allah, a legal boost for correctness of the order has emerged in a revelation that a 1969 judgement in Abeokuta, Ogun state outlawed open cattle grazing.

The judgment, which was not challenged, was given by Justice Adewale Thompson on 17 April, 1969 in Suit no AB/26/66.

Johnson died in 2004 at the age of 82, his last role in retirement being secretary of Yoruba Elders Council(YCE).



In his judgement, the jurist pronounced:

“I do not accept the contention of Defendants that a custom exists which imposes an obligation on the owner of farm to fence his farm whilst the owner of cattle allows his cattle to wander like pests and cause damage. Such a custom if it exists, is unreasonable and I hold that it is repugnant to natural justice, equity and good conscience and therefore unenforceable…in that it is highly unreasonable to impose the burden of fencing a farm on the farmer without the corresponding obligation on the cattle owner to fence in his cattle.”


“Sequence to that I banned open grazing for it is inimical to peace and tranquility and the cattle owners must fence or ranch their animals for peace to reign in these communities.”

Thompson appeared to have seen far into the future.


Governor Rotimi Akeredolu in rolling out measures to ensure peace in Ondo State, on 18 January used a similar language.

“Today we have taken major steps at addressing the root cause of kidnapping, in particular, and other nefarious activities detailed and documented in security reports, the press and debriefings from victims of kidnap cases in Ondo State.



“These unfortunate incidents are traceable to the activities of some bad elements masquerading as herdsmen. These felons have turned our forest reserves into hideouts for keeping victims of kidnapping, negotiating for ransom and carrying out other criminal activities.

As the Chief Law and Security Officer of the State, it is my constitutional obligation to do everything lawful to protect the lives and property of all residents of the State. In light of the foregoing, the following orders are hereby issued:

*All Forest Reserves in the State are to be vacated by herdsmen within the next 7 days with effect from today, Monday 18th January, 2021.

*Night-grazing is banned with immediate effect because most farm destruction takes place at night.

*Movement of cattle within cities and highways is prohibited.

*Under-aged grazing of cattle is outlawed.

“Our resolution to guarantee safety of lives and property within the State shall remain utmost as security agencies have been directed to enforce the ban.

“In its usual magnanimity, our administration will give a grace period of seven days for those who wish to carry on with their cattle-rearing business to register with appropriate authorities”.

The 7-day grace expires on Monday.

Officials of the State Ministry of Justice said the Ondo government derived the legal basis for its action, not just from the constitution, but two legal instruments.

One is the Land Use Act, part of the 1999 constitution, which vests the control of the land in the state on the governor.

The other legal instrument is the 1969 Trade Cattle Tax Law of Ondo State, enacted in the West, the same year that Justice Thompson made his historic judgment.

In interviews with Nigerian Tribune, officials cited provisions of the Act.

“Section 12 (1) of the same Act also states that: “It shall be lawful for the governor to grant a licence to any person to enter upon any land” and explained further that while sub-section 5 thereof clearly states that “the governor may cancel any such licence if the licensee fails to comply with any of the conditions of the licence.”

“The word ‘licence’ here simply means permit. Basically, therefore, it is within the powers of a state governor to grant a licence, permit or right to anyone to enter any land within the state, and to cancel or withdraw such permit or licence if the holder violates any condition attendant to same.

“It goes without saying, therefore, that the governor can impose conditions on anyone to enter and/or be licensed to enter any land within the state.

“The Ondo State governor, therefore, has the power to order herdsmen or any other persons carrying on any other business on lands within the territory of the state to apply for permit or licence to do so under the above clear provisions of the Land Use Act. That cannot, in any way, be interpreted as a violation of the fundamental right to freedom of movement.”

The Trade Cattle Tax Law of Ondo State, which has a commencement date of July 3, 1969, also provides:

“Section 2 of the law talks about “movement permit, which is defined as a movement permit issued in the state under the Control Trade Cattle Regulations or a permit relating to the movement of trade cattle issued by any authority having power to issue the same under any law in force in any other part of Nigeria.”

“Among the animals listed in the first schedule to the law are cow, bull, sheep and goat. So, the law applies to those who carry on the business of herding such animals other than as domestic animals.

“Section 5 of the law again recognises the legitimacy of issuing trade cattle movement permit along ‘recognisable trade cattle route’, while Section 4 thereof provides for the establishment of ‘a cattle control post or inspection station, as the case may be, for the purposes of the Law’.

https://www.pmnewsnigeria.com/2021/01/24/herdsmen-high-court-bans-open-grazing-akeredolu-rules-effective-tomorrow/

Mynd44

Wonderful

Nice move

akeredelu is not born to ban FULANI from grazing

You cannot come and trespass on someone's land in the name of grazing.
And be committing all sorts of atrocities.
Cattle ranch is been practised in modern countries.
Nigeria shouldn't be different.
Every meaningful citizen should stand up for what is right.
Kudos to Ogbeni for his boldness

This is a real man

He is a noisemaker. South Western Governors are noisemakers and not bold enough to do shiits to the fullanis in this country.

After the next 7 days, the Fullanis will still be in that land doing what they do best and the same Governor will chicken out as a coward they are known for. Infact, another set of people from that region will even support the Fullanis.

We know them, zero boldness and zero braveness when it comes to dealing with Fullani issues.

If Tinubu their god and personal savior could say nothing concerning what the Fullanis are doing to them, no South Westerner alive will do shiiit.

yinkus6750:
You cannot come and trespass on someone's land in the name of grazing.
And be committing all sorts of atrocities.
Cattle ranch is been practised in modern countries.
Nigeria shouldn't be different.
Every meaningful citizen should stand up for what is right.
Kudos to Ogbeni for his boldness

GBAM!!!

courts in nigeria have been given orders since millenium

enforcement is the main deal

cause i can bet on my left balls the fulanis wont yeild


watch a yoruba man talk against it

Lol. Where is that tool called Helinues or whatever who opened a thread claiming Akeredolu an SAN is acting like a tailor?

Ignorant Nigerians who think they are knowledgeable are the problem of Nigeria. As if Akeredolu was selling groundnut in court throughout his law career.

Perhaps his professional law colleagues chose him to be President of San for his tailoring skills. Lol.

Sweeeeeeet

They Fulani's forget that the root cause of this ban is because they've failed to do their business legitimately, its high time the Fulani's ditch their age long wondering in the bush and embrace ranching....


Ranching is safer for both the Fulani's and the farmers and it will bring an end to the conflicts buying hectares of land for their ranching is very cheap in those community they've decided to unleash mayhem.....

The FG should be proactive here before it escalates.

Fulanis have the right to live and stay anywhere in this country. It is enshrined in our constitution. Nobody likes war but we won't stretch our necks to be cut off without a form of resistance

This is what's called governance!

Grayoso:
Lol. Where is that tool called Helinues or whatever who opened a thread claiming Akeredolu an SAN is acting like a tailor?

Ignorant Nigerians who think they are knowledgeable are the problem of Nigeria. As if Akeredolu was selling groundnut in court throughout his law career.

Perhaps his professional law colleagues chose him to be President of San for his tailoring skills. Lol.

You know there are some people who are blinded by their crappy loyalty rather than look at issues critically....

yinkus6750:
You cannot come and trespass on someone's land in the name of grazing.
And be committing all sorts of atrocities.
Cattle ranch is been practised in modern countries.
Nigeria shouldn't be different.
Every meaningful citizen should stand up for what is right.
Kudos to Ogbeni for his boldness

Cattle ranching is alien to our culture

Lol, tomorrow is pregnant wetin she go born?...is this really gonna fly, tomorrow we'll see...

NO BE NEWS

WHAT WAS SAID IS THAT FULANI SHOULD LEAVE YORUBA BUSHES
FULANI SAID IT WONT HAPPEN AND NOBODY IN THE BUSH WILL TAKE THE GOVERNOR SERIOUS

BROS NA SO DEM TALK AM NA SO E BE

BANING OPEN GRAZING IS NOT SAME AS LEAVING YORUBA BUSHES

MEANING

FULANI STILL OWNS AND RETAIN YORUBA BUSHES

NA WETIN FEAR FIT CAUSE BE THIS

USELESS ULTIMATUM..

Revisionist humans

Now we’ve all agreed that Fulani will remain in Yoruba bushes killing and maiming at will.. and NOTHING.. I REPEAT NOTHING “ WILL HAPPEN .

Not even a day old Fulani is moved

Even if the ultimatum ends in 200 years

We will never take it.

THIS WILL COST TINUBU THE PRESIDENCY.

AlhajiImam:
The FG should be proactive here before it escalates.

Fulanis have the right to live and stay anywhere in this country. It is enshrined in our constitution. Nobody likes war but we won't stretch our necks to be cut off without a form of resistance

Its very simple no one will ever have issues with Fulani's if they conduct themselves peacefully and do their business legitimately, with what they are doing now even if they are ready to buy ranches no one in that community will want to sell lands to them....


They should take a cue from the igbo's on how to set up businesses legitimately in regions they migrate to without causing harm to their host....

This man don on film for presidency. Seat and enjoy

fitzmayowa:
They Fulani's forget that the root cause of this ban is because they've failed to do their business legitimately, its high time the Fulani's ditch their age long wondering in the bush and embrace ranching....


Ranching is safer for both the Fulani's and the farmers and it will bring an end to the conflicts buying hectares of land of their ranching is very cheap in those community they've decided to unleash mayhem.....

We will never rake it.

AlhajiImam:


Cattle ranching is alien to our culture

There are some culture that should be changed, if ranching is alien to your culture then destroying people's farm should also be alien to you guys, you can not justify the destruction of farm land and trespassing on private property under the guise of "your culture'....


If you can't embrace ranching then go back to your region where everyone has the same culture like you and everyone will have peace.....

AlhajiImam:
The FG should be proactive here before it escalates.

Fulanis have the right to live and stay anywhere in this country. It is enshrined in our constitution. Nobody likes war but we won't stretch our necks to be cut off without a form of resistance

Fulanis are not allowed to stay in our reserved forests, you guys are free to live legitimately in city just like others.

AlhajiImam:


Cattle ranching is alien to our culture

But you guys prefer to destroy peoples farm in other to feed your cows, how does thav sound to you?

aremuforlife:

Fulanis are not allowed to stay in our reserved forests, you guys are free to live legitimately in city just like others.

Una GOVERNOR JUST BAN OPEN GRAZING LEAVING THEM IN YOUR FOREST

Asgard13:



Una GOVERNOR JUST BAN OPEN GRAZING LEAVING THEM IN YOUR FOREST

You need to go and read the judgement again, your cow misf be house with a fence, no more open grazing both in city and in forest, how do you sleep at night knowing well the havoc you caused to other peoples hard labour.

Asgard13:
NO BE NEWS

WHAT WAS SAID IS THAT FULANI SHOULD LEAVE YORUBA BUSHES
FULANI SAID IT WONT HAPPEN AND NOBODY IN THE BUSH WILL TAKE THE GOVERNOR SERIOUS

BROS NA SO DEM TALK AM NA SO E BE

BANING OPEN GRAZING IS NOT SAME AS LEAVING YORUBA BUSHES

MEANING

FULANI STILL OWNS AND RETAIN YORUBA BUSHES

NA WETIN FEAR FIT CAUSE BE THIS

USELESS ULTIMATUM..

Revisionist humans

Now we’ve all agreed that Fulani will remain in Yoruba bushes killing and maiming at will.. and NOTHING.. I REPEAT NOTHING “ WILL HAPPEN .

Not even a day old Fulani is moved

See how you just disgrace yourself with reading comprehension

This is really good.. I hope they follow up on it.

I laugh
just because high court sanctioned it that means it will go around...
nowadays nobody is stopping the fulanis from taking their cattle around as long as they don't cause trouble

I don't really have much to say...
if fulanis do anyhow, they'll see anyhow