HUMAN RIGHTS CANNOT BE NEGLECTED FOR ANIMAL RIGHTS
GBEHE
The Open Grazing Prohibition and Ranches Establishment Law 2017 of Benue State has continued to generate reactions and counter reactions. It has also become a reference point to some states in Nigeria. In this edition, THE TRANSMITTER tracked an Abuja based legal practitioner Cornelius Gbehe who has been into law practice since 1987. Gbehe spoke with Senior Reporter Erdoo Due on open grazing of animals as it relates human rights in Nigeria as well as the recent judgment of the Federal High Court on the Rural Grazing Areas (RUGA) settlement plan of the Federal Government.
THE TRANSMITTER: Who is Cornelius Gbehe?
Gbehe: Thank you very much, I am Barr. Cornelius A. Gbehe. I hail from Mbatyiav in Gboko Local Government Area of Benue State. I am a graduate of Ahmadu Bello University (ABU) Zaria, set 1986, I was called to the Nigerian Bar in 1987 after which I carried out my NYSC with Aliyu Samad SAN in Ilorin Kwara State in 1988. Since then, I have been into private practice. Currently I am based in Abuja.
THE TRANSMITTER: what is your take on the Open Grazing Prohibition and Ranches Establishment Law 2017 of Benue State?
Gbehe: Open grazing is not and will never be accepted by Nigerians for whatever reason. So the law is a step in the right direction. Ranches should be made for habitation of animals. This is because; human rights are being mistaken for animal rights. Animals are meant for man and not vice versa. When these animals are allowed to roam, it is as good as saying they have right of movement which is peculiar to humans. Secondly, animals that move about are of low nutritional value as they tend to shed off fats and proteins contained in them, required by humans. The most devastating of them all is the fact that, they destroy crops and property owned by humans inflicting pain and disaster.
THE TRANSMITTER: Do you think the open grazing prohibition policy of some states including Benue is necessary?
Gbehe: Affirmatively I say yes it is. In fact, it is a right step in the right direction. For Benue State, the only source of livelihood is Agriculture/farming. How then will people survive, with destruction of crops by animals? There will be severe hunger and untimely deaths. The Internally Displaced Persons (IDPs) situation in the state says it all; how many people have been sent out of their homes following herders/farmers crisis? It is really alarming; these farmers who feed well in the past are now begging for food to eat as all their crops, seedlings and farmlands have been destroyed. There is no good shelter to even lay their heads, so imagine what happens if the animals are given freedom to roam freely.
THE TRANSMITTER: What can you say about the step taken by Benue State government so far in this direction?
Gbehe: I really commend Benue State Government for speaking out on this issue, open grazing was and is still causing more harm than good in the state with the herders killing farmers and destroying property. What the government has done in enacting the Open Grazing Prohibition and Ranches Establishment Law 2017 and her current effort in advocating and sensitizing people on adopting ranching as the global best practice for animal husbandry is absolutely right.
THE TRANSMITTER: What further step has Benue State Government taken on the issue?
Gbehe: Recently, the Federal Government of Nigeria introduced a policy, plan or proclamation to establish RUGA settlement or what they called Cattle Colonies in all the States of the Federation. In Benue State in particular, same was viewed as constituting a gross violation of the constitution of the Federal Republic of Nigeria 1999 as amended and an infringement of the right or interest of all Benue people which prompted the Attorney General of Benue State on behalf of the Benue State Government to institute a legal suit against the Federal Government. Judgment has been delivered by the Federal High Court here in Makurdi in accordance with provisions of the Constitution of the Federal Republic of Nigeria (CFRN) and Land use Act (LUA). All Nigerians are to obey the pronouncements given by the court as it has not violated the CFRN.
THE TRANSMITTER: who were the parties in this suit and what was the aim?
Gbehe : The suit itself was numbered as Suit No: FHC/MKD/CS/56/2019 which sought the proper interpretation and construction of Section 44(1)(2) ,4, 9(2),56, 58 315(5) (6) of CFRN 1999, and section 1,5,6, 26, 28 and 49 of the Land Use Act,1978 as well as Sections 5, 6, 7, 19(1) of the Benue State Open Grazing Prohibition and Ranches Establishment Law 2017, so as to determine among other things whether the policy of the Federal Government to establish RUGA settlements or Cattle Colonies in Benue can override the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Land Use Act and Benue State Open Grazing Prohibition and Ranches Establishment Law 2017. So as earlier asked the parties in the Suit were; the Attorney General of Benue State and Benue State Government as Plaintiffs while the Attorney General of the Federation, the Federal Ministry of Agriculture and Rural Development as well as the Minister of Agriculture and Rural Development as defendants. By and large the suit was instituted against the Federal Government of Nigeria.
THE TRANSMITTER: what was the outcome of the judgment?
Gbehe: Judgment in this suit was delivered by Hon. Justice M. O Olajuwon on the 3rd day of February, 2020 where the Honourable Court made an order nullifying every action, steps or decision taken to establish RUGA Settlements or Cattle Colonies for herdsmen in Benue State as well as perpetual injunction restraining Federal Ministry of Agriculture and Rural Development and Minster of Agriculture and Natural Resources from going ahead with the plan to establish RUGA Settlements or Cattle Colonies for herdsmen in Benue State. The judgment was delivered in accordance with provisions of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended and Land use Act (LUA).
THE TRANSMITTER: Despite all efforts by the government, the security of the rural dwellers in Benue State is not guaranteed yet. How do you react to this?
Gbehe: The Nigerian Armed Forces have been overstretched overtime, they are not supposed to be involved in internal security like “Operation Python Dance,” “Operation Whirl Stroke” and others, but due to emergency they are always called upon. There is need for internal security. Community policing should be taken into consideration as this will make it easier to fish out offenders. We have Native Police in the north and they do well in fighting crime. The regional vigilante and regional security outfit in collaboration with the Armed Forces can help in tackling internal security challenge. So I make bold to say that I am one of the advocates of community policing and regional security to compliment the efforts of the existing security structure.
THE TRANSMITTER: Do you think issues of North Central or Middle- Belt have received the desired media attention?
Gbehe: The security crisis has not been given adequate media attention; a lot of information has been censored and resources used to cover up certain atrocities and human right violations. As the saying goes, tyrants do not like been exposed.
THE TRANSMITTER: What are your parting words on the Middle Belt situation?
Gbehe: Personally speaking, for there to be peace there must be justice, without justice there cannot be peace. Oil degradation, farm destruction and other vices need to be arrested. For Nigeria to exist as a corporate entity there must be fairness, equity and justice. Middle belt is poor; resources in the middle belt are not controlled by individuals as we have in other regions. The little Agriculture we do should be preserved rather than RUGA issues. The Federal government should establish in the region Agro allied industries, improved seedlings, Research Centres, fertilizer industries and many more. That is what we need. I remain grateful to fighters for human rights such as Wole Soyinka. We must not abandon our rights for animals.
