The Attorney-General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami, SAN on Wednesday night argued that the recent ban on open grazing by southern governors violates constitutional provisions on freedom of movement.
Malami, made the submission while speaking on some current national issues on a television programme.
The Minister who likened the southern governors decision to a ban on sale of motor spare parts in the north by northern governors, said such decisions cannot hold water because it breaches the fundamental human rights of Nigerians as guaranteed by the 1999 Constitution as amended.
The southern governors arising from their first meeting last week in Delta State had announced their agreement to ban open grazing in the southern part of the country as a result of the worsening insecurity and violence in the country, associated with herders.
Before the southern governors’ decision, the northern governors in similar meetings earlier had also considered banning open grazing, preferring ranching in its place.
It should also be pointed out that Benue State sometimes last year placed a ban on open grazing to checkmate the destruction of farmlands and sacking of whole communities by alleged herders.
Speaking on the ban on Wednesday, the Minister argued that the issues borders on constitutional provisions which cannot be denied Nigerians.
“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?”
The AGF said for the southern governors’ ban to achieve desired result, the constitution must first be amended.
“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”, Malami said.
