Human rights lawyer, Femi Falana, SAN, has stated underneath the Land Use Act, the Federal Authorities has no management over land exterior the Federal Capital Territory in Nigeria.
He stated this on Channels Tv’s Politics At this time programme in response to the committee permitted by the President, Main Normal Muhammadu Buhari (retd.), to overview 368 grazing routes throughout 25 states in Nigeria.
In response to Falana, “So far as the legislation is anxious, the President can’t, with profound respect, be searching for grazing routes in 2021 Nigeria. The Northern Governors’ Discussion board, Southern Governors’ Discussion board, Miyetti Allah and different stakeholders have come to the conclusion that open grazing is out of date and now not related.”
He stated the President can’t impose any land coverage on states, including that “the land in each state in Nigeria is vested within the governor on behalf of the folks.”
“Below the Land Use Act, the Federal Authorities has no management over land in Nigeria exterior the Federal Capital Territory, and I feel that needs to be made very clear.”
He recalled that in 2018, the Federal Authorities got here up with a coverage referred to as the Nationwide Livestock Transformation Plan, together with ranching which he stated has been adopted by the 36 state governments.
He added that fund has additionally been allotted to states who’ve began the implementation of the coverage.
“One then wonders the place the concept of grazing routes or reserves is coming from,” he stated.
“If the state governments have adopted and are already investing within the ranching coverage of the Federal Authorities which has given cash to at least one state(Katsina), what’s required underneath the structure since there’s equality earlier than the legislation, is that the Federal Authorities has to make accessible to every states N6.25bn prefer it has been made accessible to Katsina State in order that ranching can start in earnest within the nation. That will resolve this drawback as soon as and for all.
“So, the Federal Government has to return to its personal coverage which is the Nationwide Livestock Transformation Plan. We will’t return to the coverage of the 60s which was relevant underneath the colonial regime.”
Falana stated the committee tasked with the overview of grazing routes in Nigeria must examine to see if its transfer is in “consonant with the Land Use Act which is the legislation that guides land administration in Nigeria at this time.”
“Below that legislation, the Federal Authorities can’t impose any land coverage on any state authorities in Nigeria.”
On forest reserves, Falana stated such are the enterprise of state governments, including that the Federal Authorities is in settlement as introduced by the Secretary to the Authorities of the Federation.
He stated, “Majority of the state governments in Nigeria have in place legitimate and subsisting forestry legal guidelines. The Ondo State authorities has a forestry legislation underneath which it’s a legal offence for anyone to commit trespass on the forest reserves of the state authorities with out authorisation, and that’s the place with many state governments.”
On the difficulty of foreigners posing as herders in forests, the human rights lawyer acknowledged that no protocol of the Financial Group of West African States
allows foreigners to function illegally in member states.
He stated, “With respect to ECOWAS, once more I wish to attraction to Nigerians to understand that there isn’t any protocol of the ECOWAS that permits unlawful motion of individuals and items within the area. What you’ve gotten in place is the protocol of free motion of individuals and items of firm.
“Articles 3 and 4 of the protocol enable every member state of the ECOWAS to information its borders so there isn’t any unrestrained inflow of foreigners. So, you can not enter any member state of ECOWAS and not using a passport. You could have your travelling doc earlier than you will be admitted into any nation in West Africa.
“So, let no one give the impression that due to the ECOWAS protocol of free motion, anyone can simply enter Nigeria. You could present proof that you’re coming into the nation. And in case you are bringing animals, you’re bringing them underneath the Ailments Act of the Federal Authorities. The animals being introduced in have to be examined to make sure they aren’t bringing in illnesses to the nation. That’s the legislation.
“It’s our obligation and duty to attract the eye of the federal government to its obligation underneath the legislation. Let no one provide the impression that anyone can transfer cattle from Niger, Mali or Senegal with out the examination of the animal and with out the manufacturing of travelling doc.”
When requested to state the federal government company assigned to implement such legal guidelines, Falana stated, “The Federal Ministry of Agriculture is empowered to implement the provisions of the Animal Ailments Act. The Immigrations and Customs departments are empowered by legislation to man and be sure that no one enters Nigeria and not using a travelling doc.”
