By Olusegun Olanrewaju, Kassim Omomia, David Lawani, Niyi Maraiyesa and Sammy Etuk
Fulani herdsmen are up in arms once again in South-Western Nigeria, this time not with their direct traditional sparring partners, the farmers, but with the Ondo State Government.
The state government says it is at war with a band of suspected criminals, a fac- tor that prompted the serving of a one- week quit order on herdsmen. The order, which was announced last Monday, January 18, end- ed yesterday (Sunday).
The state governor, Rotimi Akeredolu (SAN), also announced a ban on grazing of cattle as well as the prohibition of grazing and movement of cattle within cities and highways. He added, “Those who wish to carry out their cattle- rearing business were required to register with the appropriate authorities within one week.”
However, the Presidency swiftly dismissed the di- rective, saying the governor had no constitutional powers to ask anybody to leave the state or any part of the state. In a statement by the Senior Special Assistant to the President on Media and Publicity, Garba Shehu, the Presidency maintained that asking the herders to leave could trigger a chain of events, which the constitution anticipated and tried to guard against. He said, “It will be the least expected to unilaterally oust thousands of herders who have lived all their lives in the state on account of the infiltration of the forests by criminals.
“If this were to be the case, rights groups will be right in expressing worries that the action could set off a chain of events which the makers of our consti- tution foresaw and tried to guard against.
“We want to make it clear that kidnapping, banditry and rustling are crimes, no matter the motive or who is involved. But, to define crime from the nameplates, as a number of commentators have erroneously done- which group they belong to, the language they speak, their geographical location or their faith is atavistic and cruel. “We need to delink terrorism and crimes from ethnicity, geographical origins and religion—to isolate the criminals who use this interchange of argu- ments to hinder law enforcement efforts as the only way to deal effectively with them.
“The President, who swore to defend the constitution has spoken against the Indigenous People of Biafra (IPOB) in asking citizens of Northern origin to leave; he did not spare the group based in Sokoto, ‘Muslim Solidarity Forum,’ which asked the Bishop of Sokoto to leave and is prepared to do all that the law permits to protect citizens all over the country in their choice of where they wished to reside and are treated as equal citizens.”
But the governor, who spoke through his Special Ad- viser on Security Matters, Jimoh Dojumo, insisted that the ultimatum would stand.
Dojumo said, “Those perpetrat- ing the heinous act are using the forest to cover up their crimes. There is, therefore, need to flush out the criminals from the forest.” In-between the lines are the forces clamouring for a prevalence of the peace, in the interest of the federal quest. That remains a matter of conjecture to be settled, as the resonating battle of cattle grazing in the country that has become almost an annual ritual in the country, rages.
Support
Pan-Yoruba socio-cultural-cum-political organisation, Afenifere, hailed Akeredolu’s decision. Its Secretary-General, Sehinde Arogbofa, said the governor had ‘taken the right step’ because “illegal people have virtually taken over our lands in the state.’’ He added, “The rate of kidnapping in this state is very embarrassing to the extent that one cannot leave one’s house without serious prayers to return home safely.
‘’Illegal people have virtually taken over our lands in the state. I must confess that the governor has felt concerned. Some of our traditional rulers had given lands to people without authority, to people who they cannot trace and who are alleged to be suspicious characters, people straining from Niger Republic without legal rights.
The first salvo: Oyo
Akeredolu was not speaking in vacuum. His ultima- tum came in the wake of a similar drama enacted in Oyo State, where Chief Sunday Adeyemo, alias Igboho, had earlier issued a seven-day ultimatum for herders to quit Ibarapa lands on account of kid- napping and other criminal activities. Adeyemo, an Ibadan-based socialite, kickstarted what may turn out to be another round of synchronised campaign over the politics of cattle grazing in the country.
On January 14, 2021, the Chairman of Amotekun in Oyo State, Brig.-Gen. Kunle Togun, (retd) had raised the alarm that armed Fulani herders had started trooping into the state through the Saki border in Atisbo Local Government Area.
Togun said, “I am still in my Saki area. The Fulani herdsmen are trooping in, in large numbers, to Saki East and Saki West, as well as Atisbo local government areas of expansive Opara Forest Reserve. Our boys are highly inexperienced. I am employing the services of native hunters who are assisting our boys.” He further alleged that foreigners were fuel- ling insecurity in the state and that they were being assisted by “some community chiefs and traditional rulers.”
Igboho’s factor/ ethnic undertone
Igboho is not new to ethnic start-ups. Son of a local warrior, he rose to the ranks of relevance on alleged ‘voodoo vending’ as a platform to ethnic leadership relevance. Whether Ondo was borrowing from his in- spiration is, however, a different kettle of fish.
According to Wikipedia, Igboho was born in Igboho, Oke Ogun in Oyo State, before his father relocated to Modakeke in Osun State, where he grew up. The ‘ethnic warlord’ rose to prominence due to his role in the Modakeke/Ife communal war between 1997 and 1998. Known as the Akoni Oodua of Yorubaland, Igboho is also pushing for the Oduduwa Republic.
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Meanwhile, the Inspector-General of Police, Mohammed Adamu, has reportedly ordered the arrest of Igboho in Oyo, for onward transfer to the force head- quarters in Abuja. The Oyo State Commissioner of Police, Ngozi Onadeko, was said to have received the order over the weekend. But, reacting to the arrest order on Saturday, a former Minister of Aviation, Femi Fani-Kayode, warned President Muhammadu Buhari not to arrest or kill Igboho.
Fani-Kayode said, “It would be dangerous, reckless and counter-productive for Buhari to arrest or kill Sunday Igboho.”
He added, “When the Northern youths demanded that the Igbo should leave the North, no one was arrested. Why should Igboho be arrested or killed for asking killer-Fulani herdsmen to leave South-West? “I advise the FG to tread softly because Igboho has the full support of the Yoruba na- tion because he has spoken for the people. Kill him and you will make him a martyr for Oduduwa. Arrest him and you make him the greatest hero of the Yo- ruba since independence. Whichever way, he wins.”
But the position of the Ondo State Chairman, Miyetti cattle breeders, Garba Bello, may have doused ten- sion about an ethnic undertone. Bello, while supporting the government action, said, “We support what Akeredolu has said. He did not say Fulani should leave the state, He only wants criminals to leave the state. We need peace in the state and the governor’s order will bring peace.
“Our members are not involved in kidnapping; our members are very responsible. Anybody that kidnaps or does criminal activities should be dealt with.”
Akeredolu’s ‘breath of fire’
Akeredolu sent a rebound with a speech that drew applause from a section of Ondo residents, who said they had been traumatised by herdsmen in recent months. The governor, who the Chairman of the South-West Governors’ Forum, said the quit order followed an interactive meeting with the leader- ship of the Hausa/Fulani and Ebira communities in Akure, attended by the state commissioner of police, Bolaji Salami and commandant of Amotekun Corps, Tunji Adeleye.
Akeredolu expressed his anger at the ‘criminal elements’ in the state, adding that his administration would not fold its arms and allow a few individuals turn the state into a haven of ‘dare-devil criminals’. ‘’The security reports and debriefings from victims of kidnap cases pointed in some direction traceable to some bad elements masquerading as herdsmen.
‘’As the Chief Law and Security Officer of the state, it is my constitutional obligation to do everything lawful to protect the lives and property of all residents of the state. This meeting, therefore, is convened to address the issue of insecurity with the aim of attaining the goal of a safe environment.’’
The governor cited several cases to buttress his point, including the murder of a prominent monarch ‘‘caught in the webs of the devious plans of these workers of evil on his way back to his domain and other kidnap and rape attempts.’’
Miyetti’s response
Though the governor gave ultimatum to herders in the Ondo forest reserves to quit the forest or register to ‘do business’, the representatives of the Miyetti Allah Cattle Breeders Association of Nige- ria (MACBAN), said it was a different matter that was discussed at a previous meeting.
The governor, backed later by farmers and supporters in solidarity and statements, was elated with his proclamation but Miyetti’s Secretary-General, Usman Ngelzarma, claimed that when they held a two-hour meeting with the governor, what they discussed was how to stop ‘night grazing’ and not ultimatum to quit the reserve.
Ngelzerma asked, perhaps on a cheeky note, where the governor wanted them to relocate to when ‘al- ternatives’ had not been provided for them. He even declared that his association was not aware of the quit order.
More reactions
Pan-Yoruba socio-cultural group, Afenifere, said Akeredolu ‘acted responsibly’. Also, Yoruba elders, under the aegis of Coalition of Oduduwa Elders, backed the eviction directive.
The elders warned the Presidency ‘’to stay away from matters as this has to do with the security of lives and property of Ondo people’’.
Similarly, the Yoruba Elders Coalition condemned the Presiden- cy’s statement and accused the FG of meddling on issues within the purview of governors. “You can’t dictate for governors how to run their states for safety of their people,” the coalition said, insisting that the governor’s action was not in breach of any existing law.
The group, in a statement by its Nation- al Coordinator, Dr Tunde Aremu, and the National Secretary, Mrs Folake Ajasin, asked the Ondo governor not to be distracted by actions of those who, according to them, “have failed to safeguard the lives of Nigerians.” Regretting that the Ondo for- ests had become a haven for herdsmen, the elders noted that the “herdsmen coming into the state are doing so not for grazing but killing and destroying of properties.”
“The marauders, who usually come without cattle, engage in kidnappings, attacking communities in the guerrilla-style of warfare, killings, burning houses and destroying other property. “Should the gover- nor fold his hands and look the other way while his people are being massively kidnapped, killed and their property destroyed? No, these must stop now.
And the only way to stop it is what Akeredolu has done. “We, the Yoruba elders under this umbrella body known as Coalition of Oduduwa Elders, have watched with great concerns the turn of events in the South West, especially in Ondo, culminating in the notice to herders to quit forests by Chief Rotimi Akeredolu, SAN.
We have equally painstakingly watched the rushed statement by the Presidency through Garba She- hu, cautioning the governor against his action and instead, declaring that the people who have been identified to be responsible for kidnappings, banditry and killings in the state cannot vacate the areas they use to carry out their nefarious activities.
“This is strange to us given that the constitution of the Federal Republic of Nigeria vested certain powers on state governors as chief security officers of their respective states on certain steps they can take to safeguard the lives of citizens and their property.
“The quit notice to herders to leave Ondo forests is one of those steps he has taken to protect the citizenry. So, we ask the Presidency to leave him alone,” they said. “We are surprised that the Presidency which has not reacted to the cries of the people of Ondo or South West, leaving the region to form Amotekun security outfit to protect its people, would be so concerned to issue a rushed statement over the governor’s action.”
But a former senator representing Kaduna State, Shehu Sani, described the order by Akeredolu as ‘wrong’. In a post on his Facebook page, he said he appreciated the governor’s efforts, “but it’s out-rightly and completely wrong to ask all cattle herd- ers to leave Ondo forests.’’
Sani said, “The sins of a criminal few should not affect the law-abiding and peaceful ones who have the right to live and move freely in all parts of our country. ‘’Efforts must con- tinue to be made to deal with those who breach the law, while respecting and protecting the rights of the innocent.”
Leader of the O’dua Peoples Congress, Gani Adams, gave a sarcastic reading to the presidential response saying, ‘’the Presidency does not know the meaning of forest reserves.”
Lawyers’ responses
Meanwhile, a Senior Advocate of Nigeria, Sam Zibiri, told one of our correspondents that by the provisions of Section 41(1) of the 1999 Constitu- tion (as amended), every Nigerian citizen is entitled to move freely throughout Nigeria and reside in any part thereof. And as a citizen, I shall not be expelled from Nigeria or refused entry thereby or exist therefrom.
He added that the same Constitution under Section 41 (2) (a) provided exceptions to the same rights it accorded citizens in Section 41 (1), which applies to restrictions of movement of persons on grounds of security and reasonable suspicion of crime. According to Zibiri, if Akeredolu as the chief security officer of the state has credible intelligence that some criminals have converted the forest reserves in the state as a cover to hide away from the law, and he is bent on bringing them to justice, then it is within his constitutional powers to make necessary laws towards achieving the results.
The Chairman, University of Ibadan branch of Senior Staff Union of Nigerian Universities, (SSANU), Wale Akinremi, also a lawyer said, “I think there is a clear-cut misinterpretation of information and facts from the side of the Federal Government in its reactions to the ultimatum issued by Ondo State Government to the herders.
“It is crystal clear in the ultimatum as issued by Ondo State that they are not targeting a particular ethnic group but only making efforts to reduce the opportunities afforded the criminals that are using the forest as hideout.
“The government of Ondo State owes all Nigerians living in the state, irrespective of ethnic, political or religious attachments, the protection of their lives and properties.
Every Nigerian has the right to be a resident of any state of his choice in the country. No governor or president is empowered by any known law in the land to deny a Nigerian the right to live legitimately, with all rights as guaranteed by the constitution in any part of the country.
“However, in the process of the need to provide security for the people, drastic measures are required in some instances.
“Forest reserves are meant to be reserved and not to be defiled or turned to bloody den for criminals. Grazing in the night is causing a great deal of unrest in many parts of the country. There are laws in some states against open grazing. Laws are laws and re- specter of no one.
‘’Legitimate herders who have lived all their lives in Ondo State are also exposed to the activities of criminals hibernating in the forest reserves. In many in- stances, the peaceful herders are also victims.
“What is to be done? I think the FG should see the efforts of Ondo State as necessary, expedient, and complementary of whatever efforts the FG is applying to fight insecurity in the country.
“Instead of antagonistic disposition and itchy tent- pitching, the Federal Government should work with the Ondo State Government to have a dialogue with the legitimate herders, not only because they are Nigerians and must be protected anywhere, but also be- cause that they are in the vantage position to assist the security operatives and the government in find- ing a lasting solution to the security challenges occasioned by criminal elements masquerading as Fulani herders.’’
For another SAN, Jibrin Samuel Okutepa, there was the need to properly situate the issues instead of en- gaging in primordial sentiments that could only create more problems for the nation.
He said, “What I understood from what the Ondo State governor is saying is that there shouldn’t be arbitrariness in grazing in the forest. There are grazing routes.
There is a law relating to Forest Reserve Law of Ondo State. If you want to move in the night, or you want to graze with your cow, let us register you and know who you are. Under our law, the registration of business law, you do not just wake up and start doing business anyhow because there is freedom of movement.
“Although the law allows that businesses should be registered, the question is whether the herdsmen are engaging in legitimate businesses? If the answer is yes, can it register them and know who they are?
“Are you not aware of people who are being slaughtered under the canopy of herdsmen? Now, we have not really known whether they are herdsmen or not. But the belief is that herdsmen are slaughtering people across the country because, according to some commentators, they have backers somewhere.
“So, for me there is nothing undemocratic to what he did. I do not see anything unconstitutional because even the freedom of movement we have talked so much about is not without limitations. That is why Section 45 or so of the constitution puts a limitation as to the freedom of movement, expression, religion, and all manner of freedom that you think we are enjoying in our constitution, including freedom to life. Because your life can be taken away if due process is followed.” An Ikot Ekpene-based legal practitioner, Edieke Paul Jumbo, believes that the quit order by the Ondo State government was proper.
Similarly, Ebun-Olu Adegboruwa (SAN), frowned on the position of the presidency on the order.
Adegboruwa, who said the decision was taken be- cause of rising insecurity in the state, added that “bad elements have turned the forest reserves into hideouts for keeping victims of kidnapping, negotiating for ransom and carrying out other criminal activities”.
The Arewa Consultative Forum (ACF) has warned against continuous attacks on Fulani herdsmen, especially in the South-West.
It said such attacks might trigger another civil war.
The warning comes a day to the expiration of the ultimatum of the Ondo State government to herdsmen to either register with it or vacate forests reserves in the state, and a day after youths in Oyo State at- tacked a Fulani settlement in the state.
The ACF further warned that such development might be reciprocated in the North and could set the country ablaze. It called on the federal and state governments to address the issue as a matter of urgency.
