What Benue’s anti-grazing law says

The Anti Grazing Law in Section 4 prohibits open rearing or breeding of animals as it frowns against movement of livestock on foot. Livestock in the estimation of the law shall only be transported by means of automobile or locomotive from one destination to another in the state by rail wagon, truck or pick-up wagon.

Anyone who trespasses this section of the law shall be guilty of an offence punishable by one year imprisonment or a fine of N500, 000 or both (for a first time offender) or three years imprisonment of N1m or both for second time offenders. This is according to Section 5 (a) and (b).

The efficacy of the law would also take its course on anyone found wanting as an offender who is pronounced guilty will serve a jail term of five years or liable to a fine of N1m or even both, as it warns both farmers and herders to desist from carrying arms. Any violation to the act would attract the full wrath of the law to the tune of N1m or five years imprisonment.

The law proscribes grazing reserves and provides for ranches to be established by individuals, corporate entities or cooperatives who must undertake an Environmental Impact Assessment ( EIA) and the land owners agree to alienate land to them in their localities for personal or commercial ranch.

But under the law, a personal rancher who is an indigene of Benue State can own a ranch on his own property without EIA. The exemption of indigenes referred to in Section 10 of the Act derives its provisions from Sections 5, 6, 7, 8 and 9.

Furthermore, the content of the law requires that the department of livestock in the state Ministry of Agriculture would issue permits subject to the governor’s approval to graze animals on such ranches to citizens of Nigeria only who are authorised to conduct business under the laws of the country while preference would be given to the land owners.

While members of an enforcement agency to be known as Livestock Special Task Force and vested with powers to effect arrest of offenders of the law are immuned from prosecution for carrying out their duties done in good faith in line with Section 29 (1) and (2) of the Act.

The maximum punishment of open grazing in the state is five years imprisonment or N1m or both and where such grazing leads to an injury, an additional two years imprisonment is bagged by the offender, and if it causes the death, the matter becomes culpable homicide punishable by death.

The law also prohibits possession of firearms by livestock owners and an offender would be prosecuted under the Robbery and Firearms Act. Similarly, it protects land owners from land grabbing as it is seen under the law as illegal, forceful or violent takeover of traditional or state land in the urban or rural area by an individual, group or association a criminal offence.

According to the law, where no life is lost but grievous injury caused, the grabber shall be prosecuted and if convicted shall be sentenced to prison for a term of not less than 10 years without an option of fine.

Lastly, the law makes rustling a criminal offence punishable by three years imprisonment or death where a culpable homicide is established in the commission of the crime. The rustler is liable to compensate the livestock owner.

Meanwhile, Governor Ortom had warned in a state-wide broadcast on November 1, to signal the commencement of the implementation of the anti-open grazing law that nobody should take laws into their hands as machinery were in place to ensure strict compliance.