Incessant clashes between herdsmen and farmer communities have become the 'new evil' in Nigeria, and I continue to wonder which one of these occupations is a new entrant into the Nigerian economy, and why intolerance between these groups hasn't been as much an issue in the past, but that is another subject entirely.
The Nigerian state has attempted several mechanisms to stem the tide of these clashes, like any responsible government will, but the question is how efficient are these mechanisms in solving this problem? The Grazing Bill is one of actions against these incessant clashes between the farmers and herders, and I would attempt to, like many other Nigerians have done, probe the efficiency of this bill in meeting this challenge.
Laws are, in fact, the most potent tools for ensuring order and peace in a society; as is evident in the popular Thomas Hobbes' 'state of nature' and the development of human society subsequently. Laws appear to be a 'two-edged sword'. It is imperative that, generally, laws (including the grazing bill) are capable of remedying situations in society. On the contrary, laws by 'apprentice lawmakers', are also likely to tear down a society completely.
It is important to note, however, that this isn't the first attempt at a National Grazing Bill in Nigeria. The 7th assembly of lawmakers also attempted a grazing bill in 2011, sponsored by Senator Zainab Kure, but the bill was rejected. The National Grazing Reserve (Establishment) Bill 2016 is another attempt, this time sponsored by Hon. Sadie Ibrahim. Though a laudable step in the right direction, some provisions in this five-part bill reflects it may be one of such 'apprentice-made' laws, and the reasons are not far-fetched.
First, the provision for the establishment of a National Grazing Reserve Commission, provides a fantastic introduction, as establishment of 'the Commission' seems long overdue. However, there are a few concerns and inconsistencies in the bill that are worthy of mention:
1. Section 18 of the bill empowers the Commission, in liaison with the State Governors, to acquire land in any part of the federation for establishing grazing reserves. The Commission is also instructed in section 21 to pay 'adequate compensation' to the original owners of the acquired land. Hence, from the above, an individual (Chairman) or group (the commission) can, in liaison with the State Governor, covet and eventually deprive original owner of their piece of land (it doesn't matter whether or not the land is used for personal or grazing purposes), and pay 'adequate' compensation (whoever determines what constitutes adequate).
2. Section 22, titled 'Proclamation' seems to infer that all pieces of land within the State belongs to the Governor who can transfer same to the Commission (possibly outside of the already existing land use laws and outside the provisions of this bill). Again downplaying the rights of the original owners of the land (in case of a private property) to or not to release their piece of land.
3. Section 31 of the bill provides that one grazing reserve will be established in each of the geo-political zones of the country. This provision appears inconsistent with section 12 subsection 1 which provides that at least one grazing reserves shall be established in each state of the federation.
4. Section 34 subsection 2 provides that herdsmen can also graze on their own farmland; outside of the National Grazing Reserve, as long as it does not encroach into the land of another. In the case where there is an encroachment, violent conflicts are likely to ensue; the very reason for the bill. Again, this provision is inconsistent with the subsection 1 which provides that "it is a criminal offence for any herdsman to graze in any part of Nigeria outside the National Grazing Reserve...".
In a plural society like ours, some of the provisions of this bill; which seem to privilege certain groups above others and deprive some of their constitutional rights, are laden with conflict potentials of geometric proportion. The fact is that, for obvious reasons (and more), we need to get cattle off the roads and out of farms, and the National Grazing Reserves Bill is our best bet at this, but we need not complicate issues in a bid to solve them, and some provisions in the National Grazing Reserves Bill 2016; as currently constituted, are likely to complicate the challenge of farmer-herder conflicts in Nigeria if it is eventually passed into law without a reconsideration.
Lawmakers who have ears must listen and hear what Nigerians are saying concerning the National Grazing Reserve Bill.
