A Synoptic Review Of The Open Rearing And Grazing Livestock Prohibition Law Of Benue State By A.I Iortyaver

Prior to coming into being of the law, thousands of Benue citizens across the state were murdered as a result of herdsmen clashes with indigenous farmers in the state. The destruction caused by these herdsmen can in no measure be quantified neither can any form of compensation be enough for the victims of the herdsmen activities in the state. There was no option in sight to end the senseless killings and clashes in the state except to promulgate a law that will prohibit open grazing and rearing of livestock which will invariably prevent herdsmen from openly rearing their livestock within the state. The 36 Sections legislation repeals the Grazing Reserves Law Cap. 72, Laws of Benue State, 2004. It principally prevent the destruction of crops, farms, community settlements and property by open rearing and grazing of livestock; clashes between nomadic livestock herders and crop farmers, to protect the environment from degradation and pollution caused by open rearing and over grazing of livestock, optimize the use of land resources in the face of overstretched land and increasing population, prevent, control and manage the spread of diseases as well as ease the implementation of policies that enhance the production of high quality and healthy livestock for local and international markets. The Livestock Department of the Ministry of Agriculture and Natural Resources is vested with the responsibility to administer, regulate and control livestock in the State. The department also issues ranching permits subject to the Governor’s approval to graze livestock on such ranches, to Benue citizens, residents, and other livestock owners as under the Department’s rules and regulations are entitled to set up a ranch, upon the annual payment of a permit fee in each case to be fixed or determined from time to time by the Department. A ranching permit to be granted under the law is for a period of one year subject to renewal and payment of the appropriate fees. The livestock department is enjoined to reduce or return in whole or postpone payment of fees paid for a permit in cases of natural emergencies such as drought, flood or epidemics. Section 6-9 make provisions for the procedure to be followed by any person who is entitled to be granted a ranching permit and intends to get one. Upon being granted a ranching permit the department is required to cause the particulars of the land upon which ranching permit is issued to be made known in the community in which the land is located by causing a notice thereof to be read and interpreted in the local language of the community and also cause a notice in writing to the communities or persons residing on or claiming interest in such Land. Section 10 exempt Benue indigenes who wish to set up ranches on their personal lands from the procedures of obtaining a ranching permit. All ranches under the law are required to be fenced and where any livestock strays into any other person’s land other than a ranch and causes destruction to agricultural crops and/or contaminates any source of water supply, the owner or manger of such livestock shall be liable to pay damages or compensation to the owner or community with proprietary interest in the land or source of water as may be determined by a proper valuation ordered to be done by the Department. Section 19-20 makes provisions for offences under the law to the effect that no individual or group shall, after the commencement of the law, engage in open nomadic livestock herding or grazing in the State outside the permitted ranches. Where an individual or group of persons contravenes this provision the penalty is stated as imprisonment for a term of five years or a fine of one million naira only. Movement of livestock on foot from one destination to another as well as rustling of animals from any ranch is also prohibited by the law. The law established a Special Livestock Open Grazing prohibition Task Force for the State with units in each Local Government Area of the State saddled with the responsibility of enforcing the law as well as the composition of members of the task force. The Magistrate and Upper Area Courts are vested with the jurisdiction to entertain and try offences under the Law except where the courts have no jurisdiction; the High Court shall try such offences. Appeal from the Magistrate and Upper Area Courts lies to the High court as of right. ]]>