Mzough U Tiv Reacts to Miyetti Allah Kautal Hore

THE MDZOUGH U TIV REACTS TO THE PRESS CONFERENCE BY THE LEADERSHIP OF MIYETTI ALLAH KAUTAL HORE.

The attention of the Mdzough U Tiv (MUT), the umbrella organization for the economic, socio-cultural and political development of the Tiv Nation, has been drawn to the incendiary press conference held by the leadership of the Fulani Cattle Breeders Association –Miyetti Allah Kautal Hore and published in the Nation Newspaper of Wednesday 31st May 2017.
The press conference, from all intents and purposes, was not only inciting and bellicose but full of half truths and ahistorical; intended to aggravate the already challenging security situation in Tivland, Benue State and Nigeria as a whole.

The assertion by the group that the Fulanis were the original inhabitants of the Benue valley is absolutely ridiculous, preposterous and complete falsehood. There is neither  historical, archeological nor anthropological evidence to indicate that the Fulanis ever inhabited the Benue Valley at any time before the advent of the Tiv people. What is a veritable and verifiable historical fact is that the forces of the 1804 Islamic Jihad led by the Fulani cleric, Usman Dan Fodio, were overwhelmingly defeated at the Ushongo Hills in Tivland. That explains why Islam could not be imposed on the Tiv people nor Emirs appointed to rule Tivland  as was the case elsewhere in Nigeria.

The recent claim by Miyetti Allah KautalHore that they were in the Benue Valley before the Tiv is not only ridiculous, it is a tissue of lies concocted from the pit of hell to support a desperate and diabolical claim on Tiv ancestral lands.  Knowing who the Fulani are and their penchant for changing historical narratives to benefit their designs, we are not surprised.  They have severally attempted to hoist a post Jihad narrative of Northern Nigerian identity that seeks to conscript Northern minorities into a monolithic  North in which they are a mere footstool for the caliphate.

For the avoidance of doubt, the Fulani claim of having settled in the Benue Valley before the Tiv is a   lie for several reasons:

i. Archaeological evidence in the Benue Valley going back to the Early Iron Age at the site of IndyerMbakuv (Tse Dura) excavated and dated by the Late Professor BasseyAndah  of the University of Ibadan , Ibadan  to 2,300BP shows definite affinities with the Tiv.

ii. Additional Archaeological evidence from the Nok site of Katsina Ala also has affinities with other contemporary groups in the Middle Benue Valley including the Tiv.

iii. Linguistic, Genetic and Historical evidence indicate that the Tiv were part of the ancestral Bantu stock in the Nigerian Cameroonian border well before the Fulani dispersal from the FutaJalon highlands.

The Fulani attempt to change the narrative at this belated time confirms our suspicion that their interest in the Benue Valley is more than the grass they seek for their cattle. The attempt is a devious strategy to secure usufructuary rights to Tiv ancestral lands to be able to exploit the political  and religious opportunities  that come with such rights. We challenge the Fulani to tell the world where and when the Tiv displaced them in order to settle in the Benue Valley.If they cannot do this, they should in the alternative tell the world where their ancestral lands exist in the Benue Valley so that they can quietly move and establish ranches for their livestock. Their desperate and bloody push for grazing rights across the country for the Fulani of the ‘whole world’ has adverse implications for national security, planning, health and stability.

The ECOWAS Protocol on free movement of persons within the sub region does not include the indiscriminate movement of livestock across national boundaries nor does it include the indiscriminate movement of armed gangs masquerading   as herdsmen.

The coming of Fulani herdsmen in Tivland is a recent development; indeed a post-independence phenomenon occasioned by the climate change- driven desert encroachment and the drying up of the waters of the Lake Chad.

Their visits were seasonal aimed at pasturing their cattle during the dry season. The ECOWAS Protocol which allows free movement of the peoples of the West African Sub-region does not in any way allow for wanton destruction of lives, economic livelihood of a people, farm lands, property and engagement in heinous criminal activities. Both municipal and international law guarantee the inalienable rights of a people to life, ownership of property, engagement in meaningful economic activities to ensure their survival as long as such rights do not infringe on the freedom of others.
The Fulanis had had a cordial relationship with the Tiv people overtime. Now that they have resorted to criminal violation of the rights of the Tiv people, clearly indicates that they have overstayed their welcome.

It must be emphasized that the Fulanis cannot claim to be struggling with the Tiv people over natural resources;  which obviously refers to our land. It is axiomatic that the Fulanis are not indigenous to Benue State and thus cannot lay claim to our resources legally or culturally. If this is an attempt by the Fulanis to annex and occupy our land, we are ready to resist this aggression with all the legitimate means that we can mobilize. We inherited this land from our forefathers and we shall protect it for our children and generations yet to be born.
The Fulanis are indigenous to several states in the far Northern part of Nigeria and thus have customary rights to land in their respective states. They also have the legal rights and freedom to acquire land for ranching in any part of the country. The Mdzough U Tiv will therefore resist all attempts by Fulanis to annex and occupy our territory.

The Mdzough U Tiv also takes a very strong exception to the characterization of the Anti-Open Grazing Law by the leadership of the Mayetti Allah Kautal Hore as “wicked, obnoxious and repressive” which is meant to criminalize the means of survival of the Fulani people and as the “most wicked act any government can do to” them and their economic interest;  as most preposterous, conspiratorial and confrontational.  

The process of enacting this law followed all due procedures. The bill was read several times on the floor of the  Benue State House of Assembly; there was a call for memoranda from the public and then a public hearing. Consequently all pertinent views and interests were collated before the bill was eventually passed.

 The feeling by the leadership of the Fulani herdsmen that the Law was targeted to jeopardize their interest is unfortunate, unfounded and baseless.The main objective of this Law is to bring to an end the wanton destruction of innocent lives of the Tiv people in hundreds of thousands, the monumental and callous pillage of farms and farm produce worth billions of Naira, the unfathomable humanitarian crises and the attendant social devastation of the Tiv society occasioned by the displacement of several millions of people. The consequences of these on the development of Tivland will linger on for several decades.

The Law was therefore not aimed at undermining the economic or social interest of the Fulanis or any other ethnic nationality in Nigeria. Consequently the provision in the Law for the establishment of ranches is to forestall the continued devastation of the Tiv nation and to conform with global best-practices for the management of livestock, which is also in the interest of cattle herdsmen.

The Mdzough U Tiv strongly feels that the Anti-Open Grazing Law is the best lasting solution that will resolve this perennial problem between Tiv farmers and Fulani herdsmen which has unleashed the worst humanitarian crisis ever witnessed in the life of Tiv society and Benue State in general.
While we concede and acknowledge the right of the Miyetti Allah Kautal Hore to legally challenge the Anti-Open Grazing Law, we are most perturbed by their call for total rejection of this Law. Besides they have vowed to mobilize all herdsmen in the country to resist the Law.

The bellicosity of this declaration cannot be lost to any discerning mind. Indeed it amounts to a clear declaration of war by the herdsmen on the Tiv nation, and indeed all peace-loving people of Benue State. The Mdzough U Tiv strongly calls on the Ag. President of the Federal Republic of Nigeria,Prof.Yemi Osibanjo, to immediately order the arrest of the President of Miyetti Allah, Abudullahi Bello and the Secretary, Saleh Alhassan and charge them for inciting the herdsmen against the Tiv Nation. If this is not done urgently any breakdown of law and order and further destruction of lives and property by the Fulani herdsmen will be blamed on the Federal Government for not living up to its constitutional responsibility.

We call on our representatives in the National Assembly to rise up to the occasion and mobilize national support for the Tiv nation in order to forestall the genocide of the Tiv people and annexation of their God-given land by the Fulani herdsmen.

In conclusion, the Mdzough U Tiv wishes to express her strong appreciation to the Governor of Benue State; His Excellency, Samuel Ortom, the Speaker of the Benue State House of Assembly, Rt. Hon. Terkimbi Ikyange,  all  members of the State Assembly and all those who contributed in various ways to facilitate the passage of the Law.
We wish to place on record our untrammeled and solid support for the Government of Benue State over the enactment of this Law and assures her that we shall do everything within our powers to see its successful implementation.

The Mdzough U Tiv calls on all Tiv sons and daughters, their friends and well-wishers, both at home and in the Diaspora to mobilize and harness all possible support and resources to ensure that this Law is implemented in order to safeguard the lives and property of the Tiv nation, and also possible genocide against the Tiv nation bt the Miyette Allah Kautal Hore.

Chief  Engr. Edward Ujege, FNSE,MFR      Dr Boniface Ukende President-General                                            Secretary-General

Press Release: Vanguard Against Tiv Massacre (VATIM)

PRESS RELEASE

Being text of a press release by the Vanguard Against Tiv Massacre (VATIM) on threat by a Fulani group, Miyetti Allah Hautal Kore, to resist the anti-open grazing law in Benue and other matters connected thereto.

We wish to start by commending the  Acting President, Prof. Yemi Osinbajo for ordering security agencies in the country to ensure that the Fulani herdsmen-farmers crisis that has been going on in Benue State and other parts of the country is brought to an end. 

This pronouncement has reassured us that the government belongs to everybody and to nobody and that the continuous existence of the Tiv ethnic nationality who are spread across Benue, Taraba, Nasarawa, Kaduna, Plateau and Cross River states is of interest to it too. 

We are, however, taken aback that barely 24 hours after that Presidential directive, a pro-Fulani group, Miyetti Allah Hautal Kore addressed the press in Abuja and vowed to resist and challenge the “Open Grazing Prohibition Establishment Law,  2017,” recently assented to by the Benue State governor, Samuel Ortom. 

Miyetti-Allah Hautal Kore did not only threaten to oppose the law, but have also vowed to mobilise herdsmen to resist the law even as they law claim to the Benue valley, a claim we find ridiculous and consider an affront on the sensibilities of the indigenous people of Benue state. 

 This, in our well considered view, is an affront on the law and open invitation to violence and anarchy.

We therefore call on the police, the Department of State Services (DSS) and indeed all security agencies in the country to call this group which is threatening the peace in Benue and Nigeria at large to order. 

It is our expectation that with this open confession to take up arms against the state, the security agencies now know exactly where to beam their searchlight in the event of any attack on hapless farmers. 

For the avoidance of doubt, the “Open Grazing Prohibition Establishment Law,  2017,” as passed by the Benue State House of Assembly and already assented to by the governor became a child of necessity following the overwhelming, needless and barbaric killings of Tiv and indeed the Benue people in their farms, home steads, market places, at funeral ceremonies and even while in transit, and without any serious effort from the federal government and or security agencies to bring the perpetrators to book. The law is therefore a Benue home-grown solution to a problem that was caused by invaders of our farmlands. We wholeheartedly commend the Government of Benue state under the leadership Governor Samuel Ortom for his show of uncommon courage and political will in assenting to the bill. 

This law is our baby and we will do everything within the limits of the law as enshrined in the Constitution of the Federal Republic of Nigeria 1999, as amended, to ensure that it is enforced to the letter by those who will be charged with this responsibility.  

We wish to state categorically that this law is meant to promote peaceful coexistence of farmers and herders who are prepared to practice livestock farming by ranching their livestock. It does not seek to infringe on the constitutional rights or violate the economic interest of pastoralists as erroneously claimed by Miyetti-Allah Kautal Hore. 

Just as they claim that cattle herding is their culture and a means of livelihood, the people of Benue state, particularly the Tiv, are predominantly farmers and a situation where pastoralists lead their livestock to feed on their farms is clearly against their economic interest.  

Benue state is an agrarian state but for the past few years the farmers have not been able to go to their farms due to the nefarious activities of the killer herdsmen who the federal government curiously calls foreigners despite the same Miyetti-Allah Kautal Hore and other such indigenous organisations coming out at various occasions to claim responsibility by giving reasons why they murder our people.

If the group is of opinion that it can help the state government to fish out the criminals causing mayhem in Tivland and beyond,  they are welcome to do so.  

Disturbingly,  12 out of the 23 local government areas in Benue state have come under this fierce siege occasioned against peace-loving people without any provocation. 

This Fulani association and many others related to it must realise that they are not bigger than the state and we call on security agencies to arrest and prosecute leaders of groups like this who openly threaten peaceful coexistence through their inciteful utterances. 

 Our people are capable of defending themselves but as law abiding citizens, have waited on government for protection hence the clamour for the passage of the POPULAR LAW. We therefore shall vehemently resist any attempt by any group to disobey this law.

VATIM re-echoes once again her earlier demands that the federal government immediately commence the process of rehabilitating our communities that have been sacked by the killer herdsmen as well as adequately resettle the displaced persons.

We shall always remain law abiding citizens but government should fulfil its part of the social contract with us.

Long live the Federal Republic of Nigeria

Long live Benue State 

Long live VATIM

Signed:

Barr. Ephraim Fater Sarwuan (Chairman) 

Lubem Gena (Secretary General)

Anti-Open Grazing Law Has Come to Stay

ANTI-OPEN GRAZING LAW HAS COME TO STAY

BEING TEXT OF A PRESS RELEASE BY THE BENUE STATE GOVERNMENT IN RESPONSE TO THE THREAT BY MIYETTI ALLAH, KAUTAL HORE, TO MOBILIZE ALL THEIR MEMBERS TO RESIST THE OPEN GRAZING PROHIBITION AND ESTABLISHMENT OF RANCHES LAW IN BENUE STATE AND OTHER ISSUES RAISED BY THE SOCIO-CULTURAL GROUP

THURSDAY, 1ST JUNE, 2017

The attention of the Benue State Government has been drawn to media reports particularly that which appeared on page 41 of the Nation Newspaper of 31st May, 2017. The report is credited to the Miyetti Allah, Kautal Hore, a Fulani socio-cultural association which held a Press Conference in Abuja to reject the Open Grazing Prohibition and Establishment of Ranches Law signed by, Governor Samuel Ortom.

2. In the aforesaid report, the National Secretary of the Association Engr. Saleh Alhassan, sought to justify the reprehensible, irresponsible and criminal destruction of lives and properties in Benue State on the grounds that the Fulani herdsmen are the original inhabitants of the Benue Valley. He claimed that they are engaged in a lingering crisis with the current inhabitants in the state, particularly the Tiv, over Natural resources.

3. The President of the cattle breeders’ Association, Alhaji Abdullahi Bello, described the Anti-Open Grazing Law as “wicked, obnoxious and repressive.” According to the report “the association vowed to mobilize herdsmen in the country to resist the law as it was a deliberate attempt to enslave their members.”

4. The Benue State Government condemns the statements of these leaders of the association and their stand which amounts to open declaration of war on Benue State citizens. The Government calls on the Security Agencies to arrest these leaders of the Association for prosecution for openly making inciting statements capable of breaching public peace and order.

5. Benue State and its people are under threat. We request the Federal Government to call Miyetti Allah and its leaders to order before they plunge the country into a conflagration which will be difficult to contain.

6. We call on all Nigerians to stand up and condemn the threat of Miyetti Allah. Our legitimate contribution to the resolution of herdsmen and farmers crises should be appreciated because the clashes between farmers and herdsmen remain one of the most protracted problems across our country. To be sure, the threat by Miyetti Allah is not only for Benue but for all states that have or will have farmers and herdsmen crisis.

7. The "Open Grazing Prohibition Establishment Law 2017" was enacted by the elected
representatives of the people, the Benue State House of Assembly in exercise of her powers as provided for by section 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). Part 2 of the Second Schedule to the Constitution reinforces the House of Assembly’s power by providing that "a House of Assembly may make Laws for that State with respect to industrial, commercial or agricultural development of the State."

8. With regards to ownership of Benue Lands and the natural resources therein, the Preamble to the Land Use Act which is also a Constitutional provision “… Vests all Land comprised in the territory of each State (except land vested in the Federal government or its agencies) solely in the Governor of the State , who would hold such Land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the State and to organisations for residential, agriculture, commercial and other purposes while similar powers with respect to non urban areas are  conferred on Local Governments.

9. Section 1 of the Act, further provides that all land comprised in the territory of each State in the Federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act.

10. A combined reading of the above Constitutional provisions reveals in clear terms that the State Governor is responsible for allocation of land in all urban areas to individuals resident in the State and organizations for residential, agricultural, commercial and other purposes while similar powers are conferred on Local Governments with respect to non-urban areas. The Benue State Anti-grazing Law is therefore Legal and valid.

11. With regards to Miyetti Allah’s assertion that the law offends the constitutional provision on freedom of movement, we wish to state in unequivocal terms that the law does not restrict human free movement neither does it prohibit grazing of cattle but only seeks to confine the rearing and grazing of cattle to confined ranches which is in line international best practice for animal husbandry as well as legal provisions prohibiting loitering of animals. 
WE CHALLENGE MIYETTI ALLAH TO BRING ANY BETTER OR SUPERIOR SOLUTION THAT WOULD RESTORE LASTING PEACE BETWEEN FARMERS AND HERDSMEN TO THE TABLE RATHER THAN ISSUE THREATS THAT WILL COMPOUND THE PROBLEM.

12. Meanwhile, we invite all Nigerians to objectively study the Anti-Grazing Law to be better informed about its contents. It is clear that the leadership of the socio- cultural Association has not taken the time to go through the law, which is fair, just, non-discriminatory and applicable to everyone in the state.

13. The objectives of this law include preventing destruction of farms, ponds, settlements and property by open rearing and grazing of livestock as well as incessant clashes between nomadic livestock herders and farmers. Benue State has suffered enormous human and material loses to these incessant crises over the years.

14. A 2014 report conducted by the Benue State Bureau for Local government and Chieftaincy Affairs found out that the destruction which invading Fulani herdsmen caused across 10 local governments of Benue State exceeded N95 billion in that year alone. Thereafter, the attacks covered more council areas and were more deadly and destructive. This is the state of affairs that prompted the people of the state to seek a permanent solution to this constant challenge through their elected representatives led by the Governor of the Benue State. This is the history of the “LAW TO PROHIBIT OPEN REARING AND GRAZING OF LIVESTOCK AND PROVIDE FOR THE ESTABLISHMENT OF RANCHES AND LIVESTOCK ADMINISTRATION, REGULATION AND CONTROL AND FOR OTHER MATTERS CONNECTED THEREWITH.” The law encompasses all livestock including pigs, goats and other domestic animals.

15. Apart from the unreasonable justification of the herdsmen’s attacks on Benue people the Miyetti Allah, through their leaders, attempted to twist history to conform with their whims and caprices.
For the avoidance of doubt these leaders are invited to answer these posers:
(i)          When did the Fulani arrive in Benue State?
(ii)         Do they remember that the Fulani engaged the Tiv people when they waged Jihad against the indigenous ethnic groups in the Benue Valley?
(iii)        Why would the so called original inhabitants (owners) expect to be welcome by the visitors since Engr. Saleh asserts that what they will not accept is for people not to welcome them?
(iv)       Are herdsmen versus farmers crises all over Nigeria, all geopolitical zones, North West, North East, North Central, South South, and South East and South West, including Southern Kaduna, Plateau, Taraba, Enugu, Cross River, Zamfara, Ekiti, Ondo, Oyo, Adamawa, Bayelsa, Anambra, and most recently Niger and Edo States all based on the fight for natural resources and right of original inhabitants?

16. For the avoidance of doubt, the people of Benue state are the original indigenes of their ancestral land and are concerned with preventing stock breeders from violently disrupting their economic and social life through unregulated activities. Engr. Alhassan therefore completely missed the point when he insisted that livestock breeders must be welcome in the state. For the avoidance of doubt, there are many ethnic groups in Benue lawfully carrying on their businesses and profession without any form of discrimination or hostility from the
Government and people of the State. What the Government cannot accommodate is any group be it persons or any Organization breaching the peace of the state.

17. Indeed, Alhassan had contradicted himself when he stated that his association was partnering with the Federal Ministry of Agriculture and Rural Development on practicing Experimental Ranching and Nomadism as part of proffering solution to the crisis. By his own admission, ranching offers the best and permanent solution to this problem.

18. There is nothing repressive nor obnoxious or wicked about a lawful avenue to safeguard lives and property of indigenes and non-indigenes living in Benue State which is the primary responsibility of the Government.

19. The Miyetti Allah however, exposed their open disregard for constituted authority by vowing to mobilize herdsmen in the country to resist the law. These comments in our estimation are treasonable as they amount to threats to disobey the law and is therefore a recipe for anarchy and threats to the peaceful existence of not just Benue State but Nigeria in general.

20. Why would an association which considers itself as partners in progress describe peaceful attempts at conflict resolution as decimation? From its own account, it appears as if the Miyetti Allah Socio-cultural Group is always hostile to peaceful efforts at resolving these unfortunate clashes with farming communities over grazing land.

21. The Government of Benue State restates its commitment to finding peaceful and legal means of resolving all conflicts within its domain and commends the Benue State House of Assembly for courageously standing on the side of law and order and for being true Representatives of our people in the speedy manner it passed the Bill into Law. There is no legal or moral basis for challenging a law that is meant to promote peace, economic development and clampdown on criminals be they armed herdsmen or cattle rustlers. Indeed section 20 (1) of the Law prescribes stiffer penalty for cattle rustling which indicates that the interests of herdsmen have been adequately protected by the Law.  

22. We also commend the Government of the Federal Republic of Nigeria for directing Security Agencies to ensure that the Herdsmen/ Farmers crisis across some states of the country be brought to an end.

23. The Ortom administration appreciates the support of the good people of Benue State as demonstrated by the massive turn-out at the public hearing conducted on the Open Grazing Prohibition Bill. This law has come to stay for good. The Government appeals to the people to remain calm and also to remain vigilant.

24. Any suspicious movement, gathering of people, or suspicious activities of strangers should be promptly reported to the Government, the Police and other security agencies in the state. We appreciate the Federal Government for its support and also pray for the speedy recovery of our dear President, Muhammadu Buhari. We urge our people to sustain their support for the Ortom administration.

Long Live Benue State,
Long Live The Federal Republic of Nigeria

Lawrence Onoja jnr,
Honorable Commissioner,
Ministry of Information and Orientation, 
Benue State.

Benue State: Open Grazing Prohibition and Ranches Establishment Law, 2017

1
BENUE STATE OF NIGERIA
A LAW TO PROHIBIT OPEN REARING AND GRAZING OF LIVESTOCK
AND PROVIDE FOR THE ESTABLISHMENT OF RANCHES AND
LIVESTOCK ADMINISTRATION, REGULATION AND CONTROL AND
FOR OTHER MATTERS CONNECTED THEREWITH, 2017
( )
ENACTED by the House of Assembly of Benue State as follows:
1. This Law may be cited as Open Grazing Prohibition and Ranches
Establishment Law, 2017.

2. In this law:
“Chairman” means a Chairman of Local Government Council in
Benue State or any person acting in that capacity;
“Citizen of Nigeria” means any Nigerian citizen with verifiable
means of identification such as International Passport, National
Identity Card, National Driver’s Licence and Permanent Voters
Card.
“Commissioner” means the State Commissioner for Agriculture
and Natural Resources or any other Ministry charged with the
responsibility of managing livestock in the State;
“Commercial Ranch” means a large farm for breeding and raising
cattle, goats, sheep, horses, pigs, poultry etc.
“Committee” means the Local Government Advisory Committee
created by this Law to represent the interest of stakeholders at
the grassroots level.
”Community” means village, hamlet, farm settlement etc;
“Department” means the Department of Livestock in the Ministry
of Agriculture and Natural Resources or any other Ministry
Date of
Commencement.
Short title.
Definitions.
2
charged with the responsibility of administrating, regulating,
producing and controlling Livestock in the State;
“Governor” means the Governor of Benue State;
“Herding” means the act of bringing individual animals together
into a group (herd), maintaining the group, and moving the
group from place to place.
“Indigene” means a citizen who is a native of any community
within the State by descent.
“Land” means any ground, soil, or earth whatsoever, as
meadows, pastures, woods, etc and everything annexed to it,
whether by nature, as trees, water, etc, or by the hand of man, as
crops, building, fences, etc;
“Land Grabbing” means any illegal, forceful and violent takeover
of traditional or State land in the urban or rural area by an
individual, group or association;
“Lease” means to hire out a piece of land for a specified period of
time in return for a fee called rent;
“Livestock” means any farm animal, particularly poultry, pigs,
cattle, goat, sheep, or horse kept for domestic use or profit, and
includes any animal, which the Governor may by notice in the
State Gazette declare to be included in the term “Livestock” for
the purpose of this Law;
“Livestock Owner” means a person who owns the herds of
livestock and the ranch
“Manager” means a person who is in-charge of running and
maintaining the affairs of the herds of livestock and the ranch.
“Ministry” means Ministry of Agriculture and Natural Resources
or any other Ministry charged with the responsibility of
administering, regulating and controlling livestock in the State;
“Open Grazing” means the act of pasturing livestock to feed on
dry grass, growing grass, shrubs, herbage, farm crops, etc, in
open fields without any form of restriction;
3
“Open Rearing” means the unfettered breeding and raising of
animals;
“Personal Ranch” means an enclosed area used by the owner of
such area to contain domesticated animals, especially goats, pigs,
sheep, cattle etc.
“Ranch” means a secured tract of land used as animal nurturing
farm, particularly for the grazing and rearing of cattle, sheep,
goat, pigs or horse and any other animal for the purpose of this
Law;
“Ranching Permit” means the authority issued by the
Department to the rancher for the purpose of setting up and
running a ranch;
“Rustling” means the act of stealing or moving away farm animals
without the consent of the owner.
“State” means Benue State of Nigeria;
“Task Force” means security outfit constituted for the purpose of
enforcing the provisions of this Law.
3. The main objectives of this Law are:
(a) to prevent the destruction of crop farms, community
ponds, settlements and property by open rearing and
grazing of livestock;
(b) to prevent clashes between nomadic livestock herders
and crop farmers.
(c) to protect the environment from degradation and
pollution caused by open rearing and over grazing of
livestock.
(d) to optimise the use of land resources in the face of
overstretched land and increasing population.
(e) to 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.
Objectives of the
Law.
4
(f) to create a conducive environment for large scale crop
production.
4. The Livestock Department of the Ministry of Agriculture and
Natural Resources (in this Law referred to as “the Department”
is hereby vested with the powers to administer, regulate and
control livestock in the State.
5. The Department shall issue or cause to be issued 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:
Provided always that:
(a) ranching permits shall be issued to citizens of Nigeria only
who are authorised to conduct business under the laws of the
Federal Republic of Nigeria. Preference shall however be
given in issuance of ranching permits to those within or near
a district who are landowners interested in livestock
business.
(b)permits must be for a period of not more than one year with
renewal subject to the discretion of the Department.
(c)the Department shall however reduce, refund in whole or
part, or postpone payment of ranching permit fees in cases of
natural emergencies such as drought, flood or epidemics.
6(1) The rancher shall, in writing, approach the owner and family
head of the land which he requires as ranch whereupon he
intends to site his ranch in accordance with the provisions of this
Law;
(2) Upon being approached by the rancher, the owner, head of the
family and Kindred Head that owns the land, after consultation
with community leaders and with the endorsement of the
Kindred Head and the Chairman of the relevant Local
Government Traditional Council, may grant his consent in
writing for One-year lease of the land and on such terms and
conditions as the parties may agree upon;
Livestock Department
as Regulatory body.
Ranching permits.
Procedure for
Acquisition of Ranches.
5
(3) The rancher shall forward a written application for ranching
permit to the Department alongside the consent of the owner
and family head and Kindred Head of the land;
(4) The Department shall undertake or cause to be undertaken by
professionals an Environmental Impact Assessment of the Land
applied for by the rancher;
(5) A copy of the report of the Environmental Impact Assessment
shall be forwarded to the Department, the owner, family head
and Kindred Head of the land, within which the land is situated
for their various and separate considerations and they shall
make their views known at a joint meeting convened for that
purpose by the Department within 90 days;
(6) If, upon due consideration, the report of the Environmental
Impact Assessment is found suitable and in accordance with this
Law, the owner of the land, family head, Kindred Head and the
community within which the land is situated, shall recommend
to the Department to issue ranching permit to the rancher.
7(1) The Commissioner shall, upon the receipt of the
recommendations of the Department, the owner of the land,
family head and Kindred Head and the community within which
the Land is situated, forward a report thereon to the Governor
who may, if satisfied that the best interest of the State will be
served, approve the issuance of a ranching permit to the rancher.
(2) Upon approval by the Governor, the Department shall, within
thirty (30) days, issue a ranching permit to the rancher alongside
regulations for fencing and other activities in accordance with
this Law.
8. Whenever any Land has been approved for use as ranch, the
rancher shall pay for lease of the land to the owner of the land,
family head and Kindred Head and community whose interest in
the land has been affected.
9(1) Having issued the ranching Permit to the rancher, the
Department shall give notice of the permit and cause it to be
published in the official Gazette of Benue State Government,
specifying as clearly as possible the location and limits of the
Commissioner to
liaise with Governor.
Rancher to pay for
leasehold.
6
land, the privileges conceded in respect of the Land and any
special conditions intended to govern the ranch;
(2) The Department shall 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.
10. Any indigene of Benue State who wishes to set up a personal
ranch on his own land shall be exempted from the provisions of
Section 5, 6, 7, 8 and 9.
11(1) The lease and permission granted under this Law is a privilege
and shall not create any right, title, interest or estate to the land.
The land shall remain vested in the Governor in accordance with
the Land Use Act;
(2) The permit may be revoked by the Department at any time
subject to the approval of the Governor without the payment of
compensation to the rancher for:
(a) breach of State Security;
(b) interest of peace;
(c) breach of any term or condition of the leasehold; or
(d) overriding public interest as stipulated by the Land Use
Act;
12. The Sale of any leased land to the rancher or his agent for the
purpose of ranching, residence and other related purposes is
hereby prohibited.
13. The Department shall, from time to time, determine the
eligibility of persons to be allowed to enter the ranches.
14. Every ranch shall have a fence as shall be prescribed by the
Department.
15(1) Apart from the rancher and his staff no person other than a
Government official on duty to inspect shall enter into any ranch,
unless he is authorised to do so by this Law or regulations there
under.
Exemption of
indigenes
Status and revocation
of lease and ranching
permit.
Eligibility to Enter
Ranch.
Ranches to have
Fence.
Offences
Prohibition of
unauthorised entry
into ranches.
Liability of Owner
Prohibition of Sale
of Leased Land.
Eligibility to enter
on ranches.
Ranches to have
fences.
7
(2) No person shall alienate any right affecting land in a ranch, which
has been established in accordance with this Law, by sale,
transfer, mortgage, etc unless in accordance with provisions of
the Land Use Act requiring the prior consent of the Governor.
16(1) If 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.
17. Temporary Structures and other improvements for the
management of permitted livestock may be constructed within
the ranches under permits issued, or cooperative agreements
approved by the Department. However, no permit entitles the
rancher to use improvements constructed and owned by a prior
occupant until the applicant has paid the prior occupant the
reasonable value of the improvements, as may be determined
under the Department’s regulations.
18. The Department shall:
(a) promote cooperation among those interested in the use of
the ranches, such as livestock owners, state land officials
and other officials of State, Federal and International
Agencies engaged in the conservation or propagation of
livestock and wildlife.
(b) create awareness among the general public through
seminars, symposia and advertisement on the commercial
viability of livestock production;
(c) develop and maintain a feasible and sustainable livestock
production industry in the State;
(d) develop an integrated modern livestock development and
production plan and strategy for the State;
Functions of
the
department.
Liability of owner
of trespassing
livestock.
Temporary
structures, wells,
reservoirs and
other
improvements
8
(e) develop guidelines for the implementation of an
integrated livestock production policy and make
appropriate recommendations to the Governor;
(f) initiate, design, co-ordinate, evaluate and monitor all
programs aimed at integrating or boosting livestock
production and rearing in the State;
(g) organise training and support programs aimed at
improving livestock agriculture;
(h) engage or liaise with key stakeholders Local and
International in livestock production to increase access to
education and training in animal husbandry;
(i) perform or implement any other policy initiative as may
be determined by the Governor;
(j) liaise with the Livestock Department at the Local
Government Areas;
(k) carry out or cause to be carried out any investigation
that it deems necessary;
(l) consider such recommendations, suggestions and
requests concerning the production of livestock,
operation of ranches as it may receive from any source;
(m) conduct or cause to be conducted such research as it
deems necessary;
(n) liaise with Local Government Areas of the State having
common border with other States to establish inspection
posts to ensure entry of healthy livestock into the State;
(o) encourage the promotion of livestock holding in every
household in the State;
(p) after consultation with the Commissioner, make
regulations regarding any ancillary or incidental
administrative or procedural matter that is necessary to
prescribe for the proper implementation and
Prohibition of open
nomadic livestock
9
administration of this Law subject to the approval of the
Governor.
19(1) No individual or group shall, after the commencement of this law,
engage in open nomadic livestock herding or grazing in the State
outside the permitted ranches.
(2) Any person or group of persons who contravenes sub-section (1)
above shall be guilty of an offence and shall, on conviction, be
liable to five years imprisonment or N1 million fine or both.
(3) Where such contravention causes:
(a) damage to farm, crops or property of any person the
owner or Manager of such livestock shall after evaluation
by the Department of the damage, pay the prevailing value
of monetary compensation of the farm, crops or property
so damaged, to the owner.
(b) injury to any person within the State, the owner or
Manager of such livestock shall be guilty of an offence and
upon conviction be liable to 2 years imprisonment in
addition to footing the medical bill of the victim and
paying relevant compensation as the Court may
determine.
(c) Where such contravention causes the death of any person
within the State the owner or Manager of such livestock
shall be guilty of an offence of culpable homicide
punishable under the Penal Code Law.
(4) Movement of Livestock on foot from one destination to another
in the State is hereby prohibited. Such movement shall only be
by rail wagon, truck or pick-up wagon.
(5) Any person(s) found moving livestock on foot within or across
urban centres, rural settlements or any part of the State commits
an offence and is liable to:
(a) for the first offender,N500,000.00 fine or one year
imprisonment or both;
Prohibition of open
nomadic livestock
rearing and grazing in
the State.
Offences and
Penalties.
Prohibition of
movement of
Livestock on foot.
10
(b) for the second offender, N1,000,000.00 or three years
imprisonment or both.
(6) Livestock owners, Managers and ranchers shall not possess fire
arms licensed or unlicensed on the ranch or outside the ranch.
(7) Any livestock owner, rancher or his agent who possesses or owns
fire arms or arms shall be prosecuted under the Robbery and
Firearms (special provision) Act.
(8) Any person who grabs land for the purposes of residence,
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) where the dependants of the land grabber are found on
such land, they shall be evicted.
(9) All ranch operators may engage the services of registered
security guards for the protection of their ranches.
20. (1) any person(s) who rustles cattle, or other animals from
any ranch commits an offence and shall be liable on
conviction for imprisonment for a term of not less than
three(3) years or one hundred thousand(N100,000.00)
naira per animal or both.
(2) where the activities of a rustler causes:
(a) injures, he shall in conviction be reliable to five (5)
years imprisonment or a fine five hundred
thousand (N500,000.00) naira only or both;
(b) death, he shall be guilty of an offence of culpable
homicide punishable under the penal code;
Prohibition of
animal rustling
11
(3) a person convicted of cattle rustling may, in addition pay
compensation to the victim or owner as the court may
direct.
21. Any livestock found grazing, wandering, herding in an area not
designated as a ranch shall be impounded by the Department or
any other person authorized by the Department in that behalf.
22. The Department or any other person so authorised may release
the livestock impounded to the owner or Manager upon showing
good cause and after paying the prescribed fine and expenses as
may be determined by the Department.
23. Any livestock impounded under this law which is not claimed
within seven (7) days of such impoundment shall-
(a) be sold on auction to the public; and
(b) the proceeds of such sale shall be deposited in the
Consolidated Revenue Account of the State.
24. There shall be established a Special Livestock Open Grazing
prohibition Task Force for the State with units in each Local
Government Area of the State.
25. The Livestock Special Task Force shall enforce the provisions of
this law and the guidelines and regulations of the Department
regulating and controlling livestock in the State.
26. The Livestock Special Task Force shall comprise the following:
(i) Special Adviser to the Governor on Security – Chairman;
(ii) State Chairman of the Benue State Community Volunteer
Guards.
(iii) Representative of the Commissioner of Police
(iv) Representative of the Nigerian Security and Civil Defence
Corps.
(v) Representative of the State Director of Department of
State Security Services (DSS).
(vi) Representative of the State Chairman of Nigerian Legion
of Ex-Service men.
(vii) Representative of Commissioner for Agriculture not
below the rank of Deputy Director – Secretary.
Establishment of
Livestock Special
Task Force.
Fund of the
Agency.
Enforcement
Composition of the
Livestock Special
Task Force.
Impoundment of
livestock.
Release of
impounded livestock.
Sale of impounded
livestock.
Establishment of
Livestock Special Task
Force.
Enforcement.
Composition of the
Livestock Special Task
Force.
12
27. The Department shall make regulations and guidelines for the
structure, command, control and operations as well as payment
of stipends to the Task Force.
28. The Task Force shall be paid a stipend from contributions from
the State and Local Governments as the Governor may determine
and from donations from public spirited individuals and
organizations.
29(1) It shall be lawful for the Task Force with or without the
assistance of the security agencies to arrest and detain any
person or group of persons engaged in open grazing and other
acts prohibited by the provisions of this law. Such person(s)
shall be handed over to the police or other security Agencies
immediately.
(2) The period of detention by the Task Force and the security
Agencies of such arrested person(s) shall not be more than fortyeight
(48) hours.
30. No member of the Department and the Livestock Special Task
Force shall be liable to legal action, liability or demand on
account of anything done, or omitted to be done in good faith and
in accordance with the provisions of this law.
31. The Commissioner shall cause to be submitted to the House of
Assembly annually:
(a) a statement of income and expenditure of the Department
during the previous year;
(b) a statement of Assets and liabilities of the Department;
(c) the financial status of the Department;
(d) any other matter relating to livestock administration,
regulation and control;
(e) progress report on the implementation of this Law.
32(1) In order that the Department may have the benefit of the full
information and advice concerning the physical, economic, and
other local conditions in ranches in the State, there shall be a
Regulations and
guidelines.
Power of arrest
I
Indemnity of
Officials.
Annual Report.
Local Government
Advisory Committee.
.
13
Local Government Advisory Committee for each Local
Government Area.
(2) Each Committee shall consist of not less than eight (8) members
and shall meet at least twice annually, at a time to be fixed by the
Department, and at such times as it may be expedient.
(3)The Committee shall offer advice and make recommendations;
provided that in no case shall any Committee Member participate
in any advice or recommendation concerning a permit, or an
application thereof, in which he is directly or indirectly interested.
(4)The Committee shall offer advice or make recommendations
concerning rules and regulations for the administration of this
Law, the establishment of ranches, the modification of the
boundaries thereof and any other matter affecting the
administration of this Law within the area.
33. The Local Government Advisory Committee shall comprise-
(a) the Chairman of the Local Government Council as
Chairman;
(b) the Chairman of the Local Government Traditional Council
or his representative;
(c) representative of farmers at the Local Government level;
(d) representative of Livestock Owners at the Local
Government level;
(e) representative of the Benue State Community Volunteer
Guards at the Local Government level;
(f) Divisional Police Officer or his representative;
(g) representative of the Nigerian Bar Association at the Local
Government level;
(h) head of Personnel Administration of the Local
Government as Secretary.
34. The Department shall not accept any aid, grant or assistance if
the conditions attached by the person or organization giving the
aid, grant or assistance are inconsistent or will compromise the
Department in the discharge of its functions under this Law.
]
Composition of
the Committee.
Power to accept
aids, grants or
assistance.
14
35(1) The Magistrate and Upper Area Courts shall have jurisdiction to
try offences under this Law except provisions where the courts
have no jurisdiction; the High Court shall try such offences.
(2) All appeals from the Magistrate and Upper Area Courts shall be
to the High Court as of right.
36 The Grazing Reserves Law Cap. 72, Laws of Benue State, 2004 is
hereby repealed and all instruments made there-under that
affect grazing of livestock shall be modified in line with the
provisions of this Law.
State Legislature and is a true and correctly printed copy of the
said Bill.
TORESE AGENA, Ph.D.
Clerk of the House
This impression is hereby endorsed by me as correct.
RT. HON. TERKIMBI IKYANGE
Speaker
I Assent/Withhold Assent This ............... Day Of ......................2017
SAMUEL ORTOM
Governor
Benue State.
Court of jurisdiction.
Repeal of Cap 72
BNSL, 2004.

My Lord, Tell Me Where to Keep Your Bribe

Niyi Osundare: My Lord, tell me where to keep your bribe