Benue State University, Makurdi

The Open Grazing Prohibition and Ranches Establishment Law, Benue State 2017 and Ruga Settlement Policy of the Federal Government: Constitutional Implications

*Aondofa Aligba, **Mary Omanchi, and ***Terzungwe Gbakighir

Abstract

The spate of clashes between the Fulani herdsmen and farmers in Benue State, between 2013 and 2017 resulted in the destruction of many properties and killing of many innocent lives, the breakdown of law and order, and disruption of many social activities. Worried by these ceaseless attacks, the Benue State Government promulgated the ‘Open Grazing Prohibition and Ranches Establishment Law, Benue State, No. 21, vol. 42 of May 2017’. The enactment of this Law generated a lot of controversy, particularly from the Fulani herdsmen who perceived the legislation as encroaching on their constitutional rights, such as freedom of movement across Nigeria and the right to own movable property in the Federation of Nigeria. The controversy reached the peak when the Federal Government came up with a proposal to establish colonies or Ruga settlements in some states of the Federation. Worried by this proposal, the Benue State Government challenged the Federal Court in Court to determine the legality and constitutionality of the Anti-Open Grazing Law and the propriety of the Federal Government proposal to set up Ruga settlements and colonies in the state. The Court after making its declarations still left some legal issues unresolved; which this paper has identified. This article has utilized the doctrinal method of research, which relies mainly on the Constitution of the Federal Republic of Nigeria, the Land Use Act, 1978, the Open Grazing Prohibition and Ranches Establishment Law, Benue State, No. 21 Vol. 42, 2017, as well as, Court decisions over the matter. It was found that the constitution, the Land Use Act, 1978 like the Anti-open Grazing Law Benue State were intandem in the areas of vesting of land in the Governor, consent in acquiring title and revocation of such title in the state. It was found that all these laws provide for ‘public interest’ as a yardstick for taking over any land in the state by the Government. Based on the extant laws and the constitutional provisions, the Court held that the Federal Government has no power to take over land in any State to establish colonies. And any land required by the Federal Government for whatever purpose in a State needs the consent and approval of the State Governor.

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