These are trouble times for Fulani herdsmen grazing their cattle across the country. Just recently, the Governor of Ekiti State, Mr Ayodele Fayose, declared war on the activities of herdsmen within the state. Following alleged invasion of Oke Ako in the Ikole Council area of Ekiti State and killing of two residents by suspected Fulani herdsmen, the state government has banned grazing and rearing of cattle in the state. The governor, also ordered the security agencies and local hunters to gun down herdsmen seen terrorizing the people. The Governor, who said a bill criminalising grazing would soon be passed into law in Ekiti State House of Assembly, also ordered that communities should henceforth confiscate cattles found on sight. He said henceforth there would be no cattle grazing from one location to another in the State. According to the governor, henceforth, those interested in cattle farming should get their own private cattle ranches. Also, Ebonyi State Governor, Chief David Umahi, was reported to have stated that herdsmen are no longer wanted in Ebonyi State as a tained that nobody can stop them from grazing their cattle in any part of the country, especially in the south. They described such restrictions by some governors as unconstitutional. Speaking under the auspices of the Miyetti Allah Cattle Breeders Association, the herdsmen said that it was wrong for people to restrict their movement as the constitution guaranteed their movement into any part of the country. The Chairman of the Cattle Breeders Association, Plateau State, Mr. Nuru Abdullahi, said nobody could deprive Fulani herdsmen of their constitutional right of free movement. The group wondered why anybody would ask them not to go to the southern part of the country adding that they have constitutional right to move freely as guaranteed by the laws of the land. The group stated that “the Constitution of the Federal Republic of Nigeria guarantees freedom of movement for every citizen of the country; this includes the right to live, work and carry out any legitimate activity in any part of the country. If and when you breach this freedom, then, the law should deal with you. So, asking anybody not to go to any part of the country is unconstitutional.” ‘’The constitution forbids anybody or group from banning anybody’s movement from one part of the country to another. We have been staying peacefully with tribes across the country for ages. Therefore, for anyone to say he wants to ban Fulani from entering their land is uncalled for.” Although, the Land Use Act of 1978 vests all land in the territory of a State on the Governor of that State, and gives the Governor the power to grant statutory right of occupancy to persons, yet, Section 41 (1) of Constitution provides that “every citizen is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen shall be expelled from Nigeria or refused entry thereto or exit therefrom’’. Already, the National Assembly is said to be considering a ‘’Bill for an Act to Establish the National Grazing Route and Reserve Commission, to establish and control Grazing Routes and Reserves in all parts of Nigeria and other incidental matters’’. The bill, sponsored by Honourable Sunday Karimi from Kogi State is said to have passed the Second Reading at the House of Representatives. The question on the minds of many Nigerians is whether the federal legislature has the constitutional power to direct a state governor to make land available for cattle grazing?. Speaking on the issue, Mr. Seyi Sowemimo ( SAN ) said although a governor is in control of land within his state, the freedom of movement of Nigerian citizens must be respected. According to him, “the herdsmen have CONTINUED FROM PAGE 33 constitutional rights to freedom of movement once they did not violate other people’s right. So, Fayose or any other governor cannot make declaration that herdsmen should not come into their states, so far as they did not trespass on order people rights. However, technically, Federal Government cannot force a state governor to provide grazing land for the herdsmen’’. In his view, Dr. Abiodun Layonu SAN said ‘’ the issue is more than a legal problem, it is also a political problem and it is also a security problem. He stated that ‘’If a governor gets up and say he would not allow grazing of cattle in his state as a result of what has been happening recently, you cannot blame him. This is because; the federal government in my view is not addressing the issue properly. The first duty of government is the protection of the people and when you feel that government is unable to protect you, you are likely to result to self-help’’. ‘’Ordinarily, people have freedom of movement and those who want to drive their cattle from Sokoto to wherever are free to do so, if they don’t encroach on other peoples land. However, it is the extreme situation of things that has made someone like Fayose to make that kind of statement. I see it as a mere political statement; the governor may not have the power to stop it. It is a serious problem that must be addressed properly’’. But another lawyer, Mr. Wale Adesokan said ‘’ my take is that, the management of land is under the control of the state governor. You may not want to agree with Fayose’s style, his attitude and his pronouncements on some national issues, but if you look at it from the legal view point, the governor is in charge of allocation of land and the purposes they are allocated By WALE IGBINTADE Source:nationalmirroronline]]>