Akeredolu,Adegboruwa Fault AGF  On  Open Grazing

4 years ago
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Ondo State Governor, Arakunrin Oluwarotimi Akeredolu, and human rights activist,Ebun Adegboruwa have faulted the position of Attorney General of the Federation Abubakar Malami,that open grazing was unconstitutional.
The governor  insisted that the decision of the Southern Governors Forum on open grazing ban remains Irreversible, despite a recent comment credited to the Attorney General of the Federation, Abubakar Malami.
He described as unfortunate the inability of the Minister of Justice to distill issues as expected of a Senior Advocate.
He said: “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.”
He  noted that 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, but annoyingly, betrays a terrible mindset.
He advised Malami 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.
“The decision to ban open grazing stays. It will be enforced with vigour,” the statement added.
Adegboruwa,in a statement said the proponents of open grazing support it with the right to freedom of movement granted under section 41 of the Constitution.
This section cannot be interpreted to violate other constitutional provisions, especially section 43 that grants the right to private or public property,he said.
You cannot deploy the right to movement of person and cattle to violate the right of another citizen to own property, such as land or farmland, or else you become a trespasser. It is in this regard that I disagree with the Honourable Attorney-General of the Federation, when he said that the ban on open grazing is unconstitutional. That cannot represent a proper interpretation of the Constitution, with all due respect.
“The AGF is a member of the Executive arm of government, under section 5 of the Constitution. The Constitution has not assigned any role to the AGF to make proclamations for the country. To that extent, his comment is ultra vires, being beyond and outside his office as a Minister. The role of interpreting the Constitution is the exclusive preserve of the Courts under the Constitution.
“Let the Houses of Assembly of the States that have proscribed open grazing go ahead to make laws to support their declarations. It is only after then that the AGF can approach the court for judicial interpretation.
“I urge the Governors to proceed speedily, with the implementation of their lawful and courageous declarations and not be misled, intimidated or distracted by the comments from the federal government.
“There is no doubt that we cannot generalize, to say that all “Fulani herdsmen” are guilty of violence and destruction, but we must tackle those criminals who have invaded their ranks, for other purposes other than grazing. Truth is, genuine Fulani herdsmen offer food, dairy, employment and prosperity for the land and this is desirable. The ban on open grazing is therefore necessary to protect the genuine herdsmen and help preserve their vocation from the marauders.
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