A Federal High Court sitting Abuja has affirmed the constitutionality of the Open Grazing Prohibition and Ranching Establishment Law 2017 passed by the Benue State Government.
According to Justice Ijeoma Ojukwu, the anti-grazing law, having been validly made by the state’s House of Assembly, and having not been invalidated by any competent court, remains a valid law, which is enforceable by the state, using all legitimate law enforcement agencies.
However, Ojukwu who delivered her judgment during virtual court proceedings on Thursday declined to compel President Muhammadu Buhari to instruct security agencies to enforce the law.
The plaintiff, Matthew Tile Nyiutsa, a lawyer and indigene of Benue State, had sued Buhari, claiming that the President, by his oath of office, incurred a mandatory obligation to uphold and preserve the law of the land, but had failed to abide by his oath when he refused to implement the Benue State’s Open Grazing Prohibition and Ranching Law.
But in the Thursday judgment, Ojukwu held that the failure of the President to discharge his official responsibilities in accordance with his oath of office is not justiciable and that the court cannot hold the President accountable for not abiding by his oath of office.
“In my view, the courts do not have the vires to entertain any suit bordering on compliance with the oath of office of the President for the reason that it is not justiciable.
“The plaintiff may have genuine concern in respect of the facts averred, but there are procedures set out by law to address issues concerning citizens’ rights and violations.”
Justice Ojukwu said the Benue anti-grazing law, having been validly made by the state’s House of Assembly, and having not been invalidated by any competent court, remains a valid law, which is enforceable by the state, using all legitimate law enforcement agencies.
She said: “There is no contest that the Open Grazing Prohibition and Ranching Establishment Law 2017 was validly passed by the Benue State House of Assembly and that the law is still in force, especially as the law has not been struck down by any court of law or court of competent jurisdiction.”
Governors of the 17 southern states agreed at their recent meeting in Asaba, Delta State, to ban open grazing in their states.
