Open cattle grazing: The legality of illegality, by Femi Adeoti.
We need not pretend to have forgotten. We ought not to have feigned ignorance. We must not gloss over it. It existed and still exists. It can never be wished away. That would not be permitted.
Dateline: April 17, 1969, Abeokuta. It was in an open court, the present-day Ogun State capital. The setting was perfect but with a tense atmosphere. That day, a Daniel certainly came to judgement.
The late Justice Adewale Thompson was at home, as usual. He was to make a historic pronouncement that day. And that he did it with all precision. It was a judgement that changed the narrative for our good.
He saw today 52 years ago. And he did not selfishly keep it to himself alone. The Open Cattle Grazing Suit, no. AB/26/66, was brought before him. All eyes were on him.
Justice Thompson was a man of many parts including: Compatriot, dogged fighter, organiser, inspirer, organiser, mobiliser, columnist, author and debater. He was the founding Secretary General, Yoruba Council Of Elders (YCE), till death.
He was Commissioner of Justice and Attorney General, old Oyo State, 1979-83. He was experienced enough to know he must not be swayed. He had to remain focused. Without any fear, he gave this fair and profound ruling. His exact words:
“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 ban open grazing for it is inimical to peace and tranquillity and the cattle owners must fence or ranch their animals for peace to reign in these communities.”
That was how Thompson intelligently settled it. The brilliant ruling was never appealed till today. Great doubt if Abubakar Malami is even aware of this. Yet, he holds sway as Minister of Justice and Attorney General of the Federation.
The reason these desperadoes would not let that be. They are craving tooth and nail to upturn that through the backdoor. It is their wishful thinking.
These devilish characters are striving hard to turn things upside down. They cherish abnormalities with relish. They are on the move, raving to legalise glaring illegality. What uncanny audacity!
That is what they easily forgot in their carelessness. Their weird utterances exposed who they truly are. Malami first demonstrated their recklessness by flying a dangerous kite.
He showcased his stark ignorance of the Constitution. He said the Southern Nigeria Governors’ Forum (SNGF), had no power to ban open cattle grazing.
He was clearly not aware of Justice Thompson’s ruling 52 years ago. Even more tragic, he did not know this, courtesy, Kunle Edun, lawyer: “The law is settled that the governors of the various states hold lands as trustees for the people. The Federal Government does not have that mandate but it can apply to governors for land. Land in the various states is not
among the items in the Exclusive Legislative List that the Federal Government can legislate on.
“Grazing is not a matter within the exclusive legislative list. It is unfortunate that the Federal Government has not been given the benefit of good and unbiased legal advice. Cattle rearing is a private business just like any other business..
“If some states can ban alcohol without the Federal Government making any statement on it, why take an opposing position on the ban on open grazing, which some states in the North, Arewa groups and even herders’ association have all said earlier that open grazing is out dated and has caused a lot of calamities?
“I think this is politics taken too far and should not be encouraged by all true patriots of Nigeria.”
Notwithstanding, things were going from worse to worst. And government was propelling illegality to the advantage of an ethnic group. It was detrimental to the larger society.
The situation became messier; approaching a point-of-no-return. The Presidency unwisely lent its weight to illegality. That is a monumental disaster. It romanced unconstitutionality. It wanted to reverse what Thompson settled in 1962.
It “slammed” the southern governors for being brave and bold. The Presidency was thrown off balance that the governors stood to be counted. And it did with heavy bias for ethnic Fulani:
“It is equally true that their (southern governors’) announcement is of questionable legality, given the constitutional right of all Nigerians to enjoy the same rights and freedoms within every one of our 36 states (and FCT) regardless of the state of their birth or residence.”
This particular presidency goofed big time. It is very embarrassing that a presidency could be that ignorant. And that ignorance is deep.
We were saddened to the marrow. This presidency shouldn’t have dabbled blindly into that sensitive matter. Without doubt, it knew little or nothing about it.
That move was a misstep, a gross mismatch. It shouldn’t have been. It should have maintained a dignified silence. That would have been more honourable and elevating.
To declare ban on open cattle grazing is an act of illegality itself. Apart from the 1969 judgement, Governor Samuel Ortom was serious and honest with it. He did not take with levity.
His Anti-Open Grazing Bill was duly processed. He even sufficiently carried his people along. They were in the know afinitio. The bill went through the Benue State House of Assembly before it became law.
Let whoever cares to know listen. Open grazing no longer exists in the eyes of the law. We have successfully and happily moved past that. It was settled in 1962. That was long enough a period for the reality to dawn on us all.
We just must come to terms with that. There should be no more distractions on that. Let us collectively move forward and move fast. Time is no longer on our side. We are on the wrong side of time.
We have wasted precious and quality time on frivolities and trivialities. Let’s jointly put a reasonable end to all these drawbacks and setbacks. They won’t do us any good.
Behold, old things have passed away, all things have become new. So be it with open cattle grazing!
