Open Grazing Ban: Adegboruwa Replies AGF Malami

Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, on Thursday said governors have the constitutional right to ban open grazing in their states.

His reaction came after the Attorney-General of the Federation and Minister of Justice, Abubakar Malami,SAN, had said that the ban on open grazing by Southern governors was a violation of the constitutional right of herders to roam their cattle in open fields, plains and bushes in search of pasture.

While appearing on Channels TV’s Politics Today on Wednesday, Malami advised Southern governors to seek constitutional amendment if they wish to make it a practical reality.

His words: “It is about constitutionality within the context of the freedoms expressed in our constitution. Can you deny the rights of a Nigerian?

“For example: it is as good as saying, perhaps, maybe, the northern governors coming together to say they prohibit spare parts trading in the north.

“Does it hold water? Does it hold water for a northern governor to come and state expressly that he now prohibits spare parts trading in the north?

“If you are talking of constitutionally guaranteed rights, the better approach to it is to perhaps go back to ensure the Constitution is amended.”

But Adegboruwa disgreed with the AGF’s position, saying that he cannot emphasize on section 41 of the Constitution without section 43 which grants the right to private or public property.

“You cannot deploy the right to movement of person and cattle to violate the right of another citizen to own property, such as land or farmland, or else you become a trespasser. It is in this regard that I disagree with the Honourable Attorney-General of the Federation, when he said that the ban on open grazing is unconstitutional. That cannot represent a proper interpretation of the Constitution, with all due respect.

“The AGF is a member of the Executive arm of government, under section 5 of the Constitution. The Constitution has not assigned any role to the AGF to make proclamations for the country. To that extent, his comment is ultra vires, being beyond and outside his office as a Minister. The role of interpreting the Constitution is the exclusive preserve of the Courts under the Constitution.

“Let the Houses of Assembly of the States that have proscribed open grazing go ahead to make laws to support their declarations. It is only after then that the AGF can approach the court for judicial interpretation,” he stated via his Facebook page.

THE WHISTLER earlier reported that Southern Governors had in a meeting on May 11 resolved that open grazing of cattle be banned across Southern Nigeria.

The Speakers of the 17 state legislatures in Southern Nigeria,on May 16 also adopted the governors’ position while commending their patriotism and firm belief in the unity of the country.

Discussion on open grazing is trending on Twitter as of the time of this report.