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Court declares Ruga settlement unlawful, unconstitutional

A Federal High Court sitting in Makurdi, presided over by Justice Mobolaji Olajuwon has declared the Federal Government policy or proclamation to establish ruga settlement in Benue State as “unwarranted, unlawful and unconstitutional.”

The case was filed by the State Attorney General and Commissioner of Justice, Micheal Gusa against the Attorney General of the Federation, the Federal Ministry of Agriculture and Rural Development and the Minister of Agriculture.

In his judgement on Monday, Justice Olajuwon declared that any move by the Federal Government to compulsorily acquire land for RUGA settlement or cattle colony in Benue State without the approval of the Benue State government is null and void.

The judge granted an order nullifying every action or decisions taken to establish Ruga settlement or cattle colonies for herdsmen in Benue State.

Justice Olajuwon further issued an order of perpetual injunction restraining the AGF, the Federal Ministry of Agriculture, the Minister of Agriculture, their agents, privies, servants or whosoever from making any attempt to hold, administer, use or allocate land in Benue State for Ruga settlement, cattle colonies or any other purpose contrary to the 1999 constitution, the Land Use Act and the Open Grazing Prohibition and Ranches Establishment Law 2017.

The judge held that by section 1 of the Land Use Act of 1978, ownership of land in any state of the federation is vested on the governor of the state and only the governor has the right to grant a statutory right of occupancy to any person.

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Meanwhile, Governor Samuel Ortom of Benue State who lauded the judgement said that the judgment had vindicated the consistent position of Benue State on the matter.

Ortom in a statement issued by his Chief Press Secretary, Terver Akase, said that when he (governor) led the people to reject the proposed Ruga settlement model that he was not doing so for personal reasons.

“It was a struggle by the people of the state and other Nigerians of good conscience against impunity and injustice.

“By today’s verdict, the judiciary has once again proved that it is indeed a beacon of hope for democracy with its attendant attributes such as equity, fairness and the rule of law.

“The truth has ultimately prevailed on the Ruga settlements issue in the interest of the entire country.

The governor, however, commended President Muhammadu Buhari who directed the suspension of the proposed Ruga project last year.

He reassured the people that his administration will continue to encourage those who wish to invest in agriculture including animal husbandry, according to the laws of the land.

Ifedayo Ogunyemi

Ifedayo O. Ogunyemi‎ Senior Reporter, Nigerian Tribune ogunyemiifedayo@gmail.com

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