Gbolahan Salman Sokoto
A Sokoto State based non-governmental group, Sokoto Network for Good Governance, has thrown it’s weight behind the statement of Attorney General of the Federation and Minister of Justice, Abubakar Malami, against the ban place on open grazing by Southern Governors.
Addressing newsmen at the Nigerian Union of Journalist Press Centre in Sokoto, the chairman of the group, Usama Dandare, who read the statement jointly signed by him and the Secretary of the association, Athahiru Ibrahim Na’Allah, described the statement of Malami, as the position of the law.
The group said it stand by the position of the Constitution and by implication, that of the AGF, that the Governor’s declaration against open grazing, is a blanket statement which lacks precision and legally wrong, “especially in view of the fact that not all Fulani herdsmen are criminals.
“Permit us to posit that everyone has the right of free movement under Section 41 of the Constitution, therefore no one, not even governors have the right to prohibit free movement.
“There is no state law that could abrogate or substitute Section 41 where a mere declaration by governors to would stand to forgo such rights as guaranteed by the above section of the Constitution”
The statement further said it is the primary duty of the federal government to safeguard the Iives and property of everyone in Nigeria, saying as the chief custodian of our laws, “it behooves on the Attorney General to enlighten the governors on the unconstitutionality of their action.
“By the mandate of the Constitution, the right to freedom of movement relates to all corners, nooks and crannies within Nigeria.
“It is true that criminals are found in all traders, all professionals and all tribes, therefore, derogation cannot target an entire class of people cannot target entire professionals or an entire ethnic group, but can only target identified criminals among them.
“We therefore state categorically that the governors could not ban anyone, traders, ramblers or herdsmen from moving around Nigeria. They could ban criminals among them”
They however cautioned Southern governors , saying they ought to know their constitutional powers and legal rights, and limitations so as not to infringe on the right of others.
The group further said herdsmen or any group of persons who attack anyone or carry prohibited firearms commit a felony. “Herdsmen or any group of persons who invade the property of others without permission, commit offence, and must be prosecuted to the full extent of the law.
It described the context of the use of spare parts by the AGF, is about freedom of movement of good and ownership. They statement maintained that it is the encroachment of the right of others that has always been punishable under the law but not the act of lawful grazing.
“A Fulani herdsmen that encroaches into other people’s land to rear his cattle has committed an act of trespass not because he is a Fulani but because of his act.
“So also, a spare part dealer that encroaches into other people’s land to store his wares has committed an act of trespass not because he is an Igbo but because of his act”.
