Ban On Open Grazing Is Unconstitutional – Malami

The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami has faulted the ban on open grazing by some state governments, claiming it violates the constitutionally guaranteed right to freedom of movement.

According to The Nation, his position has been countered by a lawyer, Tunde Falola, who argued that it was embarrassing for the nation’s Chief Law Officer to seek to equate “animal rights” to human rights.

Malami, who spoke while featuring recently on Politics Today on Channels Television, argued that the ban on open grazing “does not hold water” within the context of human rights as enshrined in the constitution.

“It is about constitutionality within the context of the freedoms expressed in our constitution. Can you deny the rights of a Nigerian?” he queried.

“For example it is as good as saying, perhaps, maybe, the northern governors coming together to say 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?”

The AGF said those seeking to ban open grazing should first, facilitate the amendment of the Constitution to that effect.

Malami said: “If you are talking of constitutionally guaranteed rights, the better approach to it is to perhaps go back to ensure the constitution is amended,” he said.

“Freedom and liberty of movement among others established by the constitution, if by an inch you want to have any compromise over it, the better approach goes back to the national assembly to say open grazing should be prohibited and see whether you can have the desired support for the constitutional amendment.

“It is a dangerous provision for any governor in Nigeria to think he can bring any compromise on the freedom and liberty of individuals to move around.”

In his reaction, Falola said he was compelled to respond, “when I saw the Attorney General and Minister of Justice misleading the public.”

The Abuja-based lawyer added that Malami’s claim that the decision by the 17 Southern governors was unconstitutional, citing the Provision of Section 41 of the Constitution, “to say the least, is embarrassing, misleading and devoid of any legal reasoning.

“Apart from the fact that the office of the Attorney General of the Federation should be the office of Chief Law officer of the Federation and not Chief Law officer of any particular ethnic group, the Hon Attorney General has equally forgotten the fact that the freedom of movement is talking about is not absolute under the same Constitution

“Admittedly, Section 41 (1) of the 1999 Constitution provides that: ‘Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof and no Citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom.’

“The question is, did the Southern governors ban the movement of Fulani herdsmen from their regions? The answer is no.

“What the governments of these states banned was the movement of cattle from one place to another otherwise known as open grazing, the Attorney General, with respect missed this point

“Again, all the fundamental rights guaranteed by the 1999 Constitution are not absolute. Section 45 (1)(a) & (b) of the same Constitution provide exceptions.

“It states: ‘Nothing in sections 37,38,39,40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society:

  a) in the interest of defense, public safety, public order, public morality or public health, or

b) for the purpose of protecting the rights and freedom of others.’

“Now, should these southern states decide to enact a law to ban open grazing in the interests of public safety within the regions or for the purpose of protecting the rights and freedoms of their people, particularly the farmers, majority of whom are the victims of incessant attacks and kidnapping by the herdsmen, will our Attorney General still contend that banning open grazing is unconstitutional? With due respect, the Attorney General cannot be right.”