Proposed/Sponsored by Hon. Okotete Isaac, Chairman, House C’ttee on Agriculture, and Honourable Member Representing Oghara Ward 20. (6th legislature 2018-2020 legislative year) Ethiope West LGA, Oghara.
PREAMBLE
1. The constitution of the federal republic of Nigeria, 1999 chapter in section 33 fundamental right.
2. Section 7 of the constitution of the federal republic of Nigeria, 1999.
3. Section 41 (j) of the Delta State local government law, 1999 as amended in 2013.
INTRODUCTION
Farming is the major occupation of our people. Majority of men and women rely on farming as the only source of income and livelihood.
Unfortunately, the effort of our people (who are subsistence farmers) to boost food production and earn living through farming are being constantly frustrated and thwarted by the grazing activities of the herdsmen.
All over the years, our people would labour to plant crops of various kinds, only for their labour to be in vain due to herdsmen who invade and destroy their farming works with the grazing activities of their cattle.
The herdsmen who are notably always from outside the state forcefully enters our farmland always with impunity, destroying the land and crops of farmers. In the process, some of our women are raped and killed by the herdsmen. Some of our young men who tries to resist them access from entering their farm have been slaughtered by these scoundrel who calls themselves herdsmen. This has created fears, uncertainties and unwarranted awes in the minds of our farmers who dred the presence of these herdsmen in our farmland.
Consequently, hunger, poverty, frustration, grievances, wailing and lamentations are all over the land because of the nefarious activities of the herdsmen.
All over the years, the notorious activities of these herdsmen have continued unabated and unchecked simply because we keep silent despite several reports reaching us in the local government Council. We can no longer fold our arms and watch these herdsmen invading our land. If the menace of these herdsmen are not checked, our vision for food sufficiency would be a mirage. The herdsmen activity is unfair, oppressive, and needs to be checked and controlled before it’s too late.
AIMS AND OBJCTIVES
The aims and objectives of this bill includes:
1. To identify the herdsmen operating in our locality.
2. To stop indiscriminate destruction of crops/investment of our farmers.
3. To ensure that adequate compensation are paid to farmers whose crops are destroyed.
4. To encourage our farmers boost food production.
5. To increase the internally generated revenue (IGR) of the local government council.
Pursuant to chapter iv of the 1999 constitution of the federal republic of Nigeria, and the Delta State local government law, 1980. The Ethiope West local government Council, Oghara, hereby make the following bye-laws.
BYE-LAWS:
1. This bye-law may be cited as the Ethiope West Local Government bye-law for the regulation and control of herdsmen activities in Ethiope West Local Government Area of Delta.
2. In this bye-law, unless the context otherwise requires:
(a) “Council” means Ethiope West Local Government Council, Oghara.
(b) “Local Government Area” means Ethiope West Local Government Area and its environ.
(c) “Association” means a person or group of persons who agree together under a common purpose.
(d) “Herdsmen” means person(s) Fulani, Hausa, or other person(s) who takes care of cattle and drives them all over the Local Government Area and its environment for the purpose of grazing.
(e) “Grazing” eating of growing grasses by cattle, sheep and goats.
(f) “Damage” means the destruction of crops, property or injury to a person.
(g) “Compensation” means to pay someone equivalent amount of money in order to replace or balance something that has been destroyed or damaged.
(h) “Farmer” means any person who grows crop for food or commercial purpose.
3. There shall be established for the Local Government a special task force/committee to be responsible for the regulation of the grazing activities of the herdsmen which shall be called “Grazing Activities Regulation Committee” (GARC).
4. The membership of the Grazing Activities Regulation Committee (GARC) shall be drawn to the four (4) geo-political zones of the Local Government Area. The membership shall be composed as follows:
(a) Eight (8) executive committee (exco) made up of chairman, vice chairman, secretary, assistant secretary, financial secretary, assistant financial secretary, treasure and P.R.O. They shall be incharge of the day to day running of the GARC.
(b) Four (4) community leaders from the traditional council with one representating each of the four (4) geopolitical zones.
(c) Four (4) leaders of the Hausa community with one representing each of the four (4) geopolitical zones.
(d) Two (2) representatives each of the police unit, mobile police unit, Army unit, Naval unit and Air force unit.
(e) Four (4) Christian leaders with one representing each of the four (4) geopolitical zones.
(f) Two (2) representatives of the Department of Agriculture.
(g) Twenty (20) members of the youth/vigilante with one drawn from each of the twenty (20) wards of the Local Government Area.
(h) The head of Council legal unit.
5. The Grazing Activities Regulation Committee (GARC) shall be responsible for the following:
(a) Full implementation and enforcement of all rules and regulations guiding the activities of the herdsmen.
(b) They (GARC) shall organize intensive enlightenment campaign on the provisions of this bye-law.
(c) They shall ensure that adequate compensations are paid to our indigenous farmers whose crops are destroyed.
(d) They shall ensure that all our indigenous farmers and herdsmen operating in the Local Government Area are well registered.
(e) They shall ensure that that cattle are taken off the streets in the entire Local Government Area.
(f) They shall ensure that straying cattle are impounded from public places or farms.
(g) They shall effect an arrest on any herdsmen or any other person who commits offence against the bye-law.
(h) They may be required to perform any other duties that may be assigned to them within the provisions of the bye-law.
6. (a). There shall be a sub-committee of GARC “SUBGARC” in all the wards/farming zones of. the Local Government Area.
(b) The SUBGARC shall be made up of seven (7) members, with five (5) members representing the farmers in the zones and two (2) members representing the herdsmen of the zones.
(c) They (SUBGARC) shall supervise and monitor the activities of the herdsmen in their zones and make report to GARC.
(d) They (SUBGARC) may take some immediate actions as directed by GARC in line with the. provision of the bye-law.
7. (a). All herdsmen operating in the Local Government Area shall be registered by GARC upon payment of annual fee of twenty thousand naira (N20,000) only, irrespective of the numbers of cattle possessed by the herdsmen.
(b). Each herdsmen shall obtain a registration number/identity card reflecting the grazing area of operation. The same number shall be inscribed on the body of his cattle for easy identification.
8. (a) The GARC shall register all farmers operating in the Local Government Area according to the size of their farm.
(b). Subsistence farmers with only one (1) Acre of farm shall pay annual registration fee of one thousand Maura (N1,000) only, while commercial farmers or agricultural business man having 5 Acres and above shall pay annual fee of five thousand Maura (N5.000) only. (c). Each farmer upon payment of registration fee shall obtain registration number/identity card reflecting the area of operation
9. (a). All payments of fees shall be made directly into the council’s bank account devoted for Agricultural Development or internally generated revenue (IGR).
(b). It shall be unlawful for any person, Chief or community leader to collect money or any form of fee or royalties from any herdsmen for the purpose of grazing in any part of the Local Government Area.
10. (a) It shall be unlawful for grazing activities to be done at night. All grazing activities shall commence at 7am and terminate at 6pm.
(b) Entry of herdsmen into farms/farmlands and residential areas with intention to graze or pursue any other personal interest is hereby prohibited.
(c). Grazing activities shall be restricted to ranches and confined areas owned by government of Delta State or indigenes of Delta State.
(d). Teenage grazing is prohibited.
11.(a). Any person, chief or community leader why collects money or fees from herdsmen for the purpose of grazing shall be arrested and reminded in police custody and/or prosecuted until the same amount of money collected from the herdsmen is paid into the account of the Local Government Council.
(b). Herdsmen who suffers his animals to graze and cause damage in farm shall be arrested and reminded in police custody and prosecuted within 48hours of arrest.
(c). Any herdsmen who suffers his animals to graze and cause damage in farm shall be guilty of an offence and shall on conviction be liable to three to twelve (3 - 12) months imprisonment in addition to the payment of compensation to the farm owners before he is released.
(d). Any herdsmen caught grazing in residential area shall be guilty of an offence and shall on conviction be liable to pay a fine of twenty thousand naira (N20,000) to the Local Government Council.
(e). Any herdsmen caught grazing at night shall be guilty of an offence and shall on conviction be liable to pay a fine of twenty thousand naira (N20,000) to the Local Government Council.
(f). Any teenager caught engaging in grazing activities shall be arrested and reminded in police custody until a fine of fifty thousand naira (N50,000) is paid to the account of the Local Government Council.
12. (a). There shall be adequate compensation paid to farmers whose crops/farms are destroyed or damaged. The compensation to farmers shall be commensurate with the amount of damage to farm and the prevailing market prices or sales of food and agricultural products.
(b). Compensation shall be made as soon as possible either in cash or kind (cow) depending on the availability of cash or preferences by both party.
(c). The Department of Agriculture of the Local Government Council shall prepare a draft estimated value of farms and agricultural products to be used for the payment of compensation to farmers. Such estimate shall be reviewed from time to time.
(d). In a situation where the herdsmen responsible for a particular damage is not known or absconded, all the herdsmen registered/operating within the zone shall be liable to pay the compensation.
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