Fulani group, GAFDAN seeks restraining order against Oyo anti-grazing law

Governor Makinde

Fulanis on the platform of Gah Allah Fulani Development Association of Nigeria (GAFDAN) are seeking an order of perpetual injunction restraining the Oyo State government from enacting into law the Oyo State anti-grazing bill, 2019.

With Governor Seyi Makinde left to give his assent, the Oyo state House of Assembly had on October 24, 2019, passed into law the Oyo State Open Rearing and Grazing Regulation bill 2019.

GAFDAN in a suit numbered, M/744/2019, filed at the state High Court, Ibadan, on 13th December 2019, are seeking the restraining injunction with the argument that the Anti-Grazing Bill passed into law would amount to a denial of their fundamental right guaranteed under the constitution of the federal republic of Nigeria (as amended).

Date of hearing is yet to be fixed in the suit which has the Government of Oyo State, Attorney General of Oyo State, Oyo House of Assembly and Speaker, Oyo House of Assembly as respondents.

Among others, the Fulani group are seeking a declaration that the steps being taken by the respondents in putting in place an anti-grazing law in Oyo state is an infringement on the right to life of their members and amounts to a gross violation of the fundamental rights as guaranteed under sections 33 (1) and 46 (1) of the constitution of the federal republic of Nigeria, 1999 (as amended).

Furthermore, the Fulani’s will be looking up to the court for a declaration that the proposed bill amounts to a co-ordinated attempt at curtailing their sources of livelihood and frustrating their lives, which constitutes a violation of the right to life of citizens.

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GAFDAN also prayed that N100 million be paid as compensation being aggravated punitive and general damages against the respondents jointly and severally for the violation of the applicant’s fundamental rights.

A copy of the affidavit of the suit sited by Saturday Tribune shows that the grounds upon which reliefs are sought are that, “Right to life is a non-negotiable constitutional right to which every citizen of this country under the laws of the federal republic of Nigeria is entitled.

“Courts of Law, Tribunals, Panels of Inquiry or any Investigative Committee are by law under an obligation to uphold the fundamental rights of citizens of this country where there is a breach already committed or even a more likelihood of a violation.

“The Applicants being citizens of this country, the federal republic of Nigeria are entitled to the enjoyment of all known constitutional rights and privileges.

“The right to life constitutes the right to the enjoyment of all facilities and various means by which life can be meaningfully enjoyed. These facilities include means or sources of livelihood; a denial of which or threat to which constitutes a violation of the right to life of citizens.

“The Applicants are in the same vein therefore entitled to all the reliefs sought including the orders of injunction restraining the respondents from further acting on a bill that violates a people’s constitutional rights.”

Meanwhile, another Fulani group, the Miyetti Allah Cattle Breeders Association of Nigeria, Oyo State Chapter has said the GAFDAN was alone in its suit filed against the enactment of the Oyo Anti-Grazing law.

Chairman, MACBAN, Oyo, Mr Yakubu Bello and the association’s South West Chairman, Mohammed Kabir, said the association was only engaged in ongoing discussions with the state government on the anti-grazing law and had asked its members to remain calm.

In their various remarks, the MACBAN leaders maintained that they did not sue the Oyo state government on the anti-grazing law.

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