17 Southern governors dare Malami to sue them over open grazing ban

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Edo State Governor, Godwin Obaseki (left); Dapo Abiodun of Ogun; Akwa Ibom Deputy Governor, Moses Ekpo; Governor Willie Obiano of Anambra; Douye Diri of Bayelsa, Ebonyi counterpart David Omahi; Dr. Kayode Fayemi of Ekiti; Chairman, Southern Governors Forum and Governor of Ondo, Rotimi Akeredolu; Dr. Ifeanyi Okowa of Delta; Nyesom Wike of Rivers; Babajide Sanwo-Olu of Lagos; Enugu State Governor Ifeanyi Ugwanyi; Imo Deputy Governor, Placid Njoku; Oyo State Governor, Seyi Makinde and Okezie Ikpeazu of Abia after Southern Governors’ meeting at Government House, Asaba…last week Tuesday May 12

By Banji Ayoola

The 17 Southern governors have challenged Nigeria’s federal Attorney General and Justice Minister, Abubakar Malami, SAN, to sue them over their recent ban of open grazing of cows and movement of cattle by foot in the entire southern part of the country.

They fired the challenge on Thursday through their leader, the Chairman of Southern Governors Forum and Ondo State Governor Oluwarotimi Akeredolu, SAN.

In a statement on behalf of his colleagues, Akeredolu said: “It is most unfortunate that the AGF is unable to distill issues as expected of a Senior Advocate. Nothing can be more disconcerting.”

The statement sad: “Mr Malami is advised to approach the court to challenge the legality of the Laws of the respective States baning open grazing and decision of the Southern Governor Forum taken in the interest of their people. We shall be most willing to meet him in Court.”

He had on Wednesday condemned the Southern governors’ decision describng it as ‘unconstitutional’ and dangerous for the country.

The governors had taken the decision at their maiden meeting in Asaba, the Delta State capital, now popularly called the Asaba Accord, to check the escalating bloody clashes between farmers and herders among numerous cases of kidnappings and killings that have been traced to criminal herders in their states.

But Malami disagrees with the governors, saying their decision is against the constitutional right of freedom of expression for other Nigerians who are herders.

He compared the ban on open grazing to banning all spare parts dealers in the Northern parts of the country.

Akeredolu, a senior advocate of Nigeria (SAN) like Malami, said the attorney general’s comparison of herdsmen and spare parts dealers “betrays a terrible mindset.”

“This outburst should, ordinarily, not elicit response from reasonable people who know the distinction between a legitimate business that is not in anyway injurious and a certain predilection for anarchy,” Akeredolu said.

“Clinging to an anachronistic model of animal husbandry, which is evidently injurious to harmonious relationship between the herders and the farmers as well as the local populace, is wicked and arrogant.”

The Ondo State governor said “comparing this anachronism, which has led to loss of lives, farmlands and property, and engendered untold hardship on the host communities, with buying and selling of auto parts is not only strange. It, annoyingly, betrays a terrible mindset.”

Apart from banning open grazing of animals and moving cattle by foot in their states, the Southern Governors had at their meeting in Asaba last week asked President Muhammadu Buhari to address the nation over the increasing rate of insecurity in the country.

Also, they called for the restructuring of the country along fiscal federalism, devolution of powers and state policing. Besides, they asked the President to convoke a national dialogue to address widespread agitations among various groups in the Southern part of the Country.

However, Malami who appeared as a guest on Channels Television on Wednesday faulted the ban, arguing that the governor had no right to do that.

Akeredolu, who is also the Chairman of South-West Governors’ Forum, stressed that they would enforce their joint decision in the statement which he personally signed on Thursday, titled, ‘Our decision is irreversible and will be enforced’.

He asked the AGF to challenge the governor’s position on open grazing in court, adding that Malami’s comments were “unfortunate and wicked”.

Said Akeredolu in the statement: “I have just read the press statement credited to the Attorney General of the Federation and Minister of Justice, Mr Shehu Malami SAN on the resolution of the Southern Governors Forum to ban open grazing in their respective States.

“The AGF is quoted to have said that this reasoned decision, among others, is akin to banning all spare parts dealers in the Northern parts of the country and is unconstitutional.

“It is most unfortunate that the AGF is unable to distill issues as expected of a Senior Advocate. Nothing can be more disconcerting. This outburst should, ordinarily, not elicit response from reasonable people who know the distinction between a legitimate business that is not in anyway injurious and a certain predilection for anarchy.

“Clinging to an anachronistic model of animal husbandry, which is evidently injurious to harmonious relationship between the herders and the farmers as well as the local populace, is wicked and arrogant.

“Comparing this anachronism, which has led to loss of lives, farmlands and property, and engendered untold hardship on the host communities, with buying and selling of auto parts is not only strange. It, annoyingly, betrays a terrible mindset.

“Mr Malami is advised to approach the court to challenge the legality of the Laws of the respective States banning open grazing and decision of the Southern Governor Forum taken in the interest of their people. We shall be most willing to meet him in Court.

The decision to ban open grazing stays. It will be enforced with vigour.”

While condemning the governors’ decision, Malami had on Wednesday said open grazing ban is the same as Northern governors banning spare parts trading in their own region considering the fact that Southerners comprise a majority of spare parts traders in the North.

He poke while featuring on Channels Television’s ‘Politics Today’ programme.

He said: “It is about constitutionality. Within the context of the freedoms enshrined in our constitution, can you deny a right of a Nigerian? It is as good as saying may be the Northern governors coming together to say that 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?”

According to the minister: “If you are talking of a constitutionally guaranteed right, the better approach to it is perhaps to go back and ensure that the constitution is amended. The freedom and liberty of movement, amongst others is established by the constitution.

“If by an inch, you want to have any compromise, the better approach is to go back to the National Assembly for open grazing to be prohibited and see whether you can have the desired support for the constitutional amendment in that respect but it is a very dangerous position for any governor in Nigeria to think that he can bring about any compromise on the freedom and liberty of individuals to move around.”

The Asaba Accord has raised dust, especially in Northern Nigeria, with critics including Senate President, Ahmad Lawan; Kogi State Governor, Yahaya Bello; and Senators Ali Ndume from Borno South Senatorial District, among others.

After individual attempts to address menace of open grazing in Southern states, the Forum of Southern Governors in one voice, had on Tuesday last week, announced a ban on open grazing in all the 17 Southern states. They had recommended that the Federal Government should support willing states to develop alternative and modern livestock management systems.

They also called on President Muhammadu Buhari, to as a matter of urgency and importance, address Nigerians on the frightening state of insecurity across the nation and convoke a national dialogue.

The governors, who were united by their resolve to make Nigeria work, did not betray partisan sentiments, but agreed among other issues that the President address Nigerians to restore the people’s confidence.

In a resolution after the meeting, the forum explained rationale for the ban on open grazing, stressing that, “development and population growth has put pressure on available land and increased the prospects of conflict between migrating herders and local populations in the South. Given this scenario, it becomes imperative to enforce the ban on open grazing in the South, including cattle movement to the South by foot.”

It was learnt that the governors collectively identified the incursion of armed herders, criminals and bandits into the Southern part of the country as being at the root of the severe security challenge such that citizens are not able to live their normal lives in the region.

In a 12-point communiqué read by the Forum’s Chairman, Oluwarotimi Akeredolu, at the end of its four hours meeting, the Southern Governors expressed displeasure with the worsening state of insecurity and noted that the situation revolves around agitations over restructuring, but affirmed that that the peoples of Southern Nigeria remain committed to the unity of Nigeria.

The governors stressed that the unity of the country should be “on the basis of justice, fairness, equity and oneness and peaceful co-existence between and among its peoples with a focus on the attainment of shared goals for economic development and prosperity.

“The progress of the nation requires that urgent and bold steps be taken to restructure the Nigerian federation to berth evolution of state police, review of revenue allocation formula in favour of the sub-national governments and creation of other institutions, which legitimately advance commitment to and practice of true federalism.

“The FG should convoke a national dialogue as a matter of urgency, based on the widespread agitations among various peoples for greater inclusiveness in existing governance arrangements.

“The meeting noted that in deference to the sensitivities of our various peoples, there is need to review appointments into Federal Government agencies, including security agencies to “reflect federal character as Nigeria’s overall population is heterogeneous.”

While the governors resolved to foster cooperation among the Southern states and the nation at large, they expressed concern over the continued gridlock on the Oshodi-Apapa Expressway, particularly the “chokehold it has exerted on the nation’s economy being the sole outlet from Apapa Wharf.

“The meeting, therefore, recommended the activation and establishment of ports in other states of the federation to create new jobs and promote socio-economic activities in the country.”

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