Benue State Amends Open Grazing Law ~ provides severe deterrent for offenders –
By Prosper Okoye
Governor of Benue state, Samuel Ortom, on Thursday, Jan. 20th, 2022, signed into law an amendment to the Open Grazing Prohibition and Ranches Establishment Law of the State 2017.
In the amended provisions of the law, a defaulter whose impounded cow, pig, sheep or goat as well as bird or poultry will now pay fines ranging from N50,000, N10,000, N5,000 and N1,000 respectively per cow, pig, sheep or goat and bird or poultry.
The amended law also provides for daily fines, if the impounded animals are not claimed by the owner within 24 hours. A fine of N20,000 per cow per day, N1,000 per pig per day, N500 per sheep or goat per day and N100 per bird per day shall be paid compulsorily by the violator whose animals may have strayed.
Section (8) according to the amended law, “any person who employs, hires or involves a child to commit an offence under the ranching law shall be guilty of an offence and shall, on conviction, be liable to 14 years imprisonment or N5 million fine or both.”
In section (5) as amended, “any person found moving livestock on foot within or across urban centres, rural settlements or any part of the state or owner of those livestock or manager of a ranch from where the livestock emanates, commits an offence and is liable to:
“For the fist offender, a fine of N500,000 and subsequent offender, a fine of N1,000,000 and for the owner of the livestock or manager of the ranch, a fine of N500,000 or one year imprisonment.”
Governor Ortom said while assenting the Bill, “it was discovered that there was a lacuna in the law which he noted came as a “child of necessity, following killings, maiming and destruction of villages by militia herdsmen which had also led to the displacement of over 1.5 million persons.”
He further stated: “By the addition of the following Sub-sections (3) and (4) to Section 11 in the Principal Law as follows: 11(3) The owner of livestock, rancher or manager of a ranch shall, upon the expiration of a lease or licence, where the lease or licence is not renewed, or upon the revocation of the licence by – the Governor, evacuate his livestock within a period not exceeding Fourteen (14) days from the date of revocation of licence or expiration of lease.
“11 (4) Any owner of livestock, rancher or manager of a ranch who fails to evacuate his livestock within the time provided under this Law Shall be guilty of an offence and, upon conviction, liable to — three (3) years imprisonment or an option of fine of Five Hundred Thousand Naira (N500, 000.00) and the livestock found in the ranch shall be impounded and dealt with in accordance withSections 22 and 23 of this Law.
“By the addition of a new sub-section (8) of Section 19 of the Principal Law and renumbering of the existing sub-sections (8), (9) and (10), respectively as follows:
“(8) Any person who employs, hires, uses or involves a child to commit an offence under this Law shall be guilty of an offence and | shall, on conviction, be liable to Fourteen (14) years imprisonment Or Five Million naira (N5,000,000.00) fine or both”
“(9) Any person who grabs land for the purposes of grazing or ranching or other purposes connected thereto shall be guilty of an offence: “(a)
where there was loss of life, the land grabber shall be arrested and prosecuted for culpable homicide as stipulated under the Penal Code” “(b) where no life was lost but grievous injury caused, the grabber shall be prosecuted, and if convicted shall be sentenced to prison for a term of not less than ten (10) years without an option of fine”. “(c) any person or persons found on the grabbed land at the instance of a land grabber shall be evicted
“(10) All ranch operators may engage the services of registered security guards for the protection of their ranches
“(D). By the addition of a new sub-section (2) to Section 21 as follows: 3(2) The Department shall ensure a proper record of the impounded livestock, a copy of which shall be handed to the owner/manager.
“(E). By the deletion of Section 22 of the Principal Law and the insertion therefore of the following new section 22 as follows: “22 The Department or any other person so authorized may release the impounded livestock to the owner or Manager upon showing good cause and after paying a fine of Fifty Thousand Naira only (N50,000.00) per cow, Ten Thousand Naira only (N10,000.00) per pig, Five Thousand Naira only (N5,000.00) per – sheep/goat, and or One Thousand Naira only (N1,000.00) per bird (poultry) for the first twenty-four hours and thereafter Twenty Thousand Naira only (N20,000.00) per cow per day, One Thousand Naira only (N1,000.00) per pig per day, Five Hundred Naira only (N500.00) per sheep/goat per day, and or One Hundred Naira only (N100.00) per bird (poultry) per day, and any other expenses as – may be determined by the Department. Provided that the fine herein prescribed shall be subject to periodic upward review as the Department may deem appropriate”.
