Jega panel’s proposal on open grazing unconstitutional – Group

The recommendation on open grazing by the Presidential Committee on Implementation of Livestock Reforms, chaired by Prof. Attahiru Jega, has been described as unconstitutional, discriminatory, and illegal.

Civil rights group, Human Rights Writers Association of Nigeria (HURIWA), which rubbished the recommendation in a statement on Friday, said the committee’s proposal on coexistence of open grazing and ranching as a solution to the farmer-herder crisis was faulty.

The statement signed by HURIWA national coordinator, Emmanuel Onwubiko, also said the committee’s foundation is unconstitutional, citing Section 42(1) of the Nigerian Constitution, which prohibits laws or executive actions that impose restrictions based on ethnicity, community, or profession.

The group insisted that the establishment of the committee inherently favours herders at the expense of farmers, who have suffered violent attacks by armed pastoralists.

“It is unconstitutional for the government to form a committee that prioritizes one profession over another. Section 42(1) expressly prohibits subjecting citizens to laws that discriminate based on ethnicity, profession, or community. By promoting policies that favor herders while marginalizing farmers—who are the primary victims of these conflicts—President Tinubu’s administration is engaging in unconstitutional actions,” HURIWA stated.

The association also criticized the recommendations for disregarding state laws that have already banned open grazing. “In several states across Nigeria, laws have been enacted to outlaw open grazing due to the destruction of farmland and conflicts caused by herders. A national panel advocating for open grazing not only undermines these state laws but also sets a dangerous precedent where federal policies override state legislation. These recommendations are not just unconstitutional; they are illegal,” HURIWA added.

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HURIWA further condemned the Jega panel for favoring cattle rearers while ignoring the plight of farmers, who have been the primary victims of armed herder violence. “Farmers who have lost their livelihoods and lives in this ongoing crisis are being sidelined by recommendations that placate the herders. This approach fails to address the root causes of the conflict and may even exacerbate tensions,” the group noted.

HURIWA called for the immediate rejection of the panel’s recommendations by President Tinubu, labeling them an affront to state laws and legal frameworks established to protect citizens from the violence associated with open grazing. “We urge President Tinubu to reject these recommendations outright. They are unconstitutional and illegal, disregarding the rule of law in states that have banned open grazing,” the group demanded.

The rights group emphasized the need for a more balanced approach to resolving the farmer-herder conflict, advocating for the establishment of a presidential committee focused on farmers’ concerns. “For a lasting resolution, the government must ensure that farmers’ voices are heard. It is inconceivable to craft policies that cater to herders while ignoring the farmers who have been terrorized, displaced, and impoverished by the conflict. A balanced approach is essential for any resolution to be just and legitimate,” HURIWA stressed.

HURIWA warned that addressing only one side of the conflict would deepen the divide and prolong violence. “No government can settle one side of a conflict and expect peace. If the President is serious about resolving this crisis, he must give equal consideration to farmers’ concerns,” the group added.

Additionally, HURIWA highlighted international legal frameworks that bolster its stance. The rights group noted that Article 2 of the International Covenant on Civil and Political Rights (ICCPR) requires state parties to “respect and ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth, or other status.”

Similarly, the association informed that Article 2 of the African Charter on Human and Peoples’ Rights mandates that the rights guaranteed by the Charter’s provisions must be respected “without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth, or other status.”

In light of these international legal principles, HURIWA urged the President and his administration to adhere to both national and global legal frameworks, ensuring that all Nigerians are treated equally under the law, without favoritism or discrimination.

In conclusion, HURIWA reiterated its opposition to the Jega-led committee’s recommendations, calling them unconstitutional and a violation of the rights of Nigerian citizens. The group urged President Tinubu to reject the report and focus on inclusive, lawful, and balanced solutions to the ongoing farmer-herder crisis.

“The Jega report is unconstitutional, illegal, and ill-advised. We demand that the President reject these recommendations and work towards a solution that protects the rights of all Nigerians, especially the farmers who have suffered the most in this crisis,” HURIWA concluded.

Jega panel’s proposal on open grazing unconstitutional – Group