Malami Under Fire Over Remarks Against Grazing Ban
Abubakar Malami (SAN)
Abubakar Malami (SAN), Attorney- General of the Federation and Minister of Justice, on Thursday came under fire for challenging the decision of Southern governors banning open grazing in the region.
Malami had described the action of the Southern governors as unconstitutional.
According to Daily Independent, he spoke on Channels Television’s ‘Politics Today’ programme on Wednesday, saying the decision of the governors “does not align with the provisions of the constitution, hence it does not hold water.”
“It is about constitutionality within the context of the freedoms expressed in our constitution. Can you deny the rights of a Nigerian? “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.”
Open Grazing Ban Decision Irreversible — Akeredolu
Governor Oluwarotimi Akeredolu of Ondo State on Thursday dared the Attorney General of the Federation to challenge in court the decision of the Southern Governors’ Forum banning open grazing in the region.
A statement signed by Akeredolu and made available to newsmen in Akure, the state capital, squared the attorney general for comparing the ban on open grazing to banning all spare parts dealers in the Northern part of the country.
Declaring that there was no going back on the ban, Akeredolu emphasised that open grazing had been outlawed and would be vigorously enforced in the Southern part of the country.
The statement read in parts: “I have just read the statement credited to the Attorney General of the Federation and Minister of Justice, Mr Abubakar 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 distil issues as expected of a Senior Advocate. Nothing can be more disconcerting.
“This outburst should, ordinarily, not elicit a response from reasonable people who know the distinction between a legitimate business that is not in any way injurious and a certain predilection for anarchy.
Clinging to an anachronistic model of animal husbandry, which is evidently injurious to the harmonious relationship between the herders and the farmers as well as the local populace, is wicked and arrogant.
“Comparing this anachronism, which has led to the 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. It, annoyingly, betrays a terrible mindset.”
Prohibition Of Open Grazing Constitutional— Adegoruwa
Ebun-Olu Adegboruwa (SAN) has urged Southern governors to proceed speedily with the implementation of their lawful and courageous declarations and not be misled, intimidated or distracted by comments from the Federal Government, saying that the move is constitutional.
Adegboruwa said that the proponents of open grazing support it with the right to freedom of movement granted under section 41 of the constitution.
He added that the section cannot be interpreted to violate other constitutional provisions, especially section 43 that grants the right to private or public property. The senior lawyer 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.
Malami’s Statement, Most Unfortunate— Adegoke
Adekunle Adegoke (SAN) described the statement made by Malami as most unfortunate. He said: “It shows the level at which the AGF is operating which is below the modern standard. How on earth would the AGF make such a statement in this modern-day and age? He compared open grazing of animals with the selling of spare parts of cars! How does selling spare parts destroy other people’s businesses and properties as grazing of animals destroy farms and farm produce? “How does the selling of spare parts infringe on other people’s rights and commercial activities? When did sellers of vehicle spare parts gang up and kill innocent villagers as herdsmen have been doing? How do sales of spare parts and other businesses constitute a danger to road users just like cows constitute dangers to motorists? “One would have appreciated the AGF to tell us the particular provision of the constitution infringed by the decision of the Southern governors in banning open grazing.
Where the freedom of movement of a herdsman stops is where the rights of others begin. No sane society allows animals to roam anyhow anymore.
The statement of the AGF is an endorsement of the illiterate statement made by some people that herdsmen are global citizens who are free to roam society unhindered with their animals. “One wonders why the makers of such statement apply for visas to travel abroad when they are global citizens.”
Malami Contravening Constitution Than Upholding It— Uwazurike
Former president of Aka Ikenga, an Igbo socio-cultural group, and delegate to the 2014 National Constitutional Conference, Chief Goddy Uwazurike, said Malami’s reactions to the Southern governors’ decision on the open grazing ban has made no pretences about who the attorney general is. “To refer to him as AG of the Federal Republic of Nigeria is a mistake.
He spoke like one who does not know that land matters belong exclusively to the state.
The constitution states so.” Uwazurike added that Malami swore to uphold the constitution but he is more into contravention of it than upholding it. “On comparing ban on open grazing to a ban on spare parts sale, I can only say he is talking to the marines. Cattle rearing is not germane to our daily existence. “This is because we have an alternative.
Besides, open grazing is alien to our Southern and Middle Belt communities. It is a Fulani culture. A spare parts trader offends no one. He is an essential part of the modem world. In fact, as essential as a lawyer buying new books, as essential as a factory replacing worn-out parts.
The attempt at ethnic insinuations is noted with contempt,” he said.
Malami Is Chief Law Officer That Twists Law At-Will— Ohanaeze
Ohanaeze Ndigbo blasted Malami for kicking against the ban on open grazing, describing his statement as insidious and prejudicial.
A statement made available to Daily Independent in Enugu on Thursday by Chiedozie Alex Ogbonnia, National Publicity Secretary of the apex Igbo socio-cultural group, said, “Malami is a chief law officer that twists the law at will.
He had in the past stated that ‘the rule of law is subservient to national security. Malami had also condemned the Amotekun security outfit by the South-West and so on. In the words of Toyo Jimmy, Malami is a Chief Law Breaker.
“Malami knows that there has never been a report of a clash between the Southern motor spare parts sellers and the indigenous Northerners. The motor spare parts sellers render their services to the populace from a shop or a shade and are in no way comparable to the Fulani herders who invade farmlands, destroy crops, debauch women, maim, abduct and kill”. Ohanaeze said, “It is important to recall that in the glorious past, the peoples of Southern Nigeria had never had any problem with the conduct of the Fulani herdsmen.
They would trek with their cattle unmolested, from the far North to the South, sometimes a distance of about 1000 kilometres. They would also sell the cows as they moved from one location to the other.
To the Southerners, it was always as strange as it was curious that a boy of 12 years and pregnant women would endure the harsh weather and the risks of the wild forests fending cattle. “Only very rarely, the cattle would stray and destroy the crops in the farm and they would sincerely apologize.
The apologies were taken in good faith. And, Nigeria was a country.
“A few years ago, the Fulani herdsmen became impudent and uncontrollably lionized. They would unleash their cattle on a farm and would maim and kill the owner of the farm if he or she complained.
“In most cases, they would violate and debauch young girls and mothers before sending them to early graves.”
It’s Unfortunate Malami Made Such Unintelligent Statement— Afenifere
Chief Ayo Adebanjo, national leader of Afenifere, a Yoruba socio-cultural organisation, said that it was unfortunate and unintelligent for Abubakar Malami, a lawyer, to compare open grazing to motor spare parts business. Adebanjo told Daily Independent that what played out showed the level of leaders that are handling the affairs of the nation, stressing that it also showed the kind of people that President Muhammadu Buhari has surrounded himself with.
The Afenifere leader said that there was no basis for comparing the two businesses, pointing out that the herdsmen have inflicted so much pain on Nigerians in the name of the business and wondered why a lawyer would make that kind of analogy.
“The spare parts dealers who do business in the North, do they destroy farmlands? Do they kill? Do they rape women? Do they kidnap? That shows you how those lawyers in the North who Buhari surrounded himself with reason.
How can a lawyer speak so unintelligently? How can a lawyer who is the Attorney General of the Federation makes such a statement? How would a lawyer compare people who deliberately kill other Nigerians, destroying farmlands, kidnapping people and raping women with genuine business people? These are people who go about causing damages across the country.” PANDEF Says Malami Is Chief Law Officer Of North The Pan-Niger Delta Forum (PANDEF) has berated Malami.
PANDEF while reacting to Malami’s statement by its National Publicity Secretary, Ken Robinson, said the remarks had exposed him as a chief legal officer for the North and not Nigeria.
Robinson stressed that nobody was taken aback because he had never conducted himself as a minister of the Federal Republic. He urged the Southern governors to ignore the minister’s statement and go ahead to implement the resolution on a ban on open grazing in the area.
“It is rather absurd that Mr Abubakar Malami, SAN, would compare open grazing and movement of cattle to spare parts selling, more so, on national television.
“Should the Honourable Attorney-General be reminded that spare parts sellers hire stores and pay whatever rates and levies that are imposed by the local government councils where they operate? “The marauders and murderers parading as herdsmen invade farmlands and forests, molest and even kill innocent citizens and Mr Malami would have the temerity to criticize the rightful banning of the archaic and conflict-prone practice of open grazing.
Worst still, comparing it with spare parts sellers that, in itself speaks to a salient issue, but that is a matter for another day.
“We are, however, not surprised by Malami’s utterances because he had never conducted himself as the Attorney- General of the Federation that he is, since assuming that office; he has been more of a regional ‘chief legal officer’”.
Abaribe Says Malami Divisive Rhetoric Unfortunate Minority Leader in the Senate, Enyinnaya Abaribe, criticised Malami for his statement. Abaribe noted that the local “bureau de change” business, which is mostly done by the Fulanis, operating in all parts of Nigeria, has not elicited any resentment of other Nigerians.
Abaribe, in a statement by his Media Adviser, Uchenna Atom, said that while the bureau de change business of Fulanis has not elicited resentment was because “they live and do their business peacefully without any problem.
“It is the murderous activities of Fulani herders that have given rise to the current demand for laws that will bring about peaceful coexistence of all Nigerians.
“What’s the correlation between spare parts sellers in a rented shop or government properly designated area and marauding Fulani herders destroying farms, killing and raping thus trampling on people’s private properties and means of livelihood? “Such a divisive statement from a top Federal Government official, in fact, the chief legal adviser to the Federal Government at that, exposes a very dangerous mindset.
This disposition has no doubt raised the tension in Nigeria to a frightening level.” Senate Spokesman Calls For Malami’s Sacked The Spokesman of the Senate, Ajibola Basiru, called for the immediate removal from Abubakar Malami for comparing open grazing to selling spare parts.
Senator Basiru, who took the AGF to the cleaners, accused him of “primordial sentiments and pursuit of parochial ethnic agenda,” insisting that “Malami need not occupy a position of trust especially at this time of sectional agitations”. In a statement on Thursday, the Osun Central senator described Malami’s statement as “less than dignifying,” adding that the remarks “were not dignifying of the status of the nation’s Attorney General and Minister of Justice.”
The Senate spokesman lambasted the AGF, saying that “equating the activities of archaic nomadic herdsmen destroying people’s means of livelihood with others legitimately carrying on businesses by selling spare parts in their shops stand logic on its head.” Coordinator Middle Belt Youth Organisations Calls AGF Resignation Terrence Kuanum, Coordinator, Presidents of Middle Belt Youths Organisations, has called for the resignation of Malami. The coordinator, who made this known while speaking with Daily Independent in Makurdi on Thursday, said he was disappointed with Malami, saying his statement was tantamount to fanning the embers of the fire of an already heated polity.
Kuanum, who doubles as President, Benue Youth Forum, stated that making such a statement, it means that the AGF was not in touch with the laws of the land, hence his call for resignation as the Attorney General.
According to him, “I don’t think he (Malami) is conversant with the laws on the free movement of human beings and cattle. “Ranching is the only way to go because, Nigeria is among the countries that have the smallest number of cows; we have just 20 million cows, whereas countries that have a larger number of cattle are ranching.
“And for him to have come out as the AGF and fuel crisis and create disunity among our people, by comparing ban on open grazing to ban of spare parts, I call for his resignation because he is incapable of holding that office.”
Umahi Accuses Minister Of Supporting Continuous Killings Meanwhile, Ebonyi State governor, Dave Umahi, has criticised Malami over his comments. Umahi said such comments allegedly coming from the minister were uncalled for and suggestive that killings should continue.
The governor told State House correspondents on Thursday that a lot of people had a misconception about the idea of banning open grazing, insisting that what the Southern governors were advocating was a system of reforming and commercializing cattle farming to put a stop to conflicts in the country. Umahi said, “A lot of us may not understand what is open grazing and what is closed grazing. From the beginning, we have never been having cattle that roam the roads.
They mess up the asphalt road and pass through farms. “In the North, we have grazing routes while we have no grazing routes in the South.
For you to move cows from one place to the other in the South, you have to go through farms; you have to move through populated areas. This is not good and that is what the Southern governors are saying.
“That we have to go back to our traditional ways of relationship. We will no longer allow you to take your cattle from one local government (area) to the other.
The implication is that these foreign herders also come in form of local herders with AK-47 and this is also a point of conflict and whoever says there should be no ban on this open grazing is, on the other hand, saying killings should continue.”
Miyetti Allah Backs Southern Governors On Grazing Ban In the meantime, the Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN) has endorsed the position of Southern governors on the ban of open grazing.
Addressing a press conference in Kaduna On Thursday, the National Patron of MACBAN, Senator Walid Jibrin, said the ban is capable of solving the farmers-herders crisis.
He said cattle rearing has been in Africa for over 100 years without any consideration to the free movement of cattle (open grazing) or any grazing reserve. He said this was carried out in the past because there were few herders, farmers and cattle, especially in Nigeria.
Jibrin said currently, the population has increased with the modern technique of farming consuming land tremendously.
Senator Jibrin, who is also the Sarkin Fulani Nasarawa, said with the current concern on cattle rearing in Africa especially Nigeria, there is a need to look at how best this practice will be carried out successfully.
“We must note that land in Nigeria is being owned by individuals, federal, and state governments.
“As a full-blooded Fulani man, Sarkin Fulani, and Patron, Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), and concerned Fulani leader in Nigeria, I have a free mind on anyone recommending a ban on open grazing, free movement of herders, and cattle in Nigeria because the practice is getting outdated and it is necessary for Nigeria, especially the Fulani race to study critically the traditional open grazing believing that the 21st century may never accommodate it.
“When you look at the practice of open grazing in Nigeria compared with what is happening internationally, Nigeria can never continue with traditional open grazing practice. To effect a change, the Fulani elite should be bold enough to come out with an alternative to open grazing and advise the Fulanis in Nigeria accordingly.
“Most importantly the various Fulani associations with membership up to 50 must come together and talk with one voice on this tradition of open grazing and not necessarily allow any group to come out to do it for them.
“The federal and state governments should come to the rescue by providing grazing reserve centres equipped with hospitals, nomadic schools, electricity, boreholes, cattle markets with modern slaughtering centres, open market to our Fulani women to enable them to remain in one place to sell milk instead of their house to house roaming about exposing our rich culture and religion.”
Jibrin also opposed the criticism that trailed the decision of governors on grazing ban, saying they deserved being praised for taking such a bold step.
Source: independent.ng
