By James Orji
The Buhari administration says it is in support of the decision of Miyetti Allah to go to court to challenge the anti-open grazing law.
Dr Umaru Gwandu, the Special Assistant on Media to Abubakar Malami, the Attorney general of the federation and minister of Justice, disclosed this on Sunday, insisting that it is within the rights of the umbrella body of cattle breeders in the country to challenge any law capable of infringing on their rights.
The magazine learnt that the federal government through the AGF office will asked to be joined in the suit as soon as Miyetti Allah Allah decides to take the matter to court.
Malami had in May criticized the law against open grazing, describing it unconstitutional.
The 17 Southern Governors, met in Delta state in July, where they agreed to enact a law to prevent the movement of cows on foot.
Since then the Governors who believe that the law will put an end to farmers/ herders crisis and killings in the southern part of the country, have enacted laws to this effect, with Governors Dapo Abiodun and Ifeanyi Ugwuayi of Ogun and Enugu states, being the latest to sign the law, after it has been passed by their various State Houses of Assembly.
Gwandu, who disclosed this in an interview with The PUNCH, said the herders have the rights to seek redress in the court when their rights are violated.
According to Gwandu, “the rights trampled upon are individual rights of Nigerians as constitutionally guaranteed.
“The Nigerians whose rights are violated reserve the right to approach the court for the protection of such rights within the context of freedom of movement among others. It will be viewed with that consideration in mind.”
The AGF had six months ago criticized the decision of the decision of some Governors in the country to ban open grazing because it “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.
“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?”
Malami advised the governors to work towards the amendment of the 1999 Constitution in their move to prohibit open grazing.
“If you are talking of constitutionally guaranteed rights, the better approach to it is to perhaps go back to ensure the Constitution is amended.
“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 is go 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,” Malami said.
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