Human right activist and Senior Advocate of Nigeria (SAN), Femi Falana, has berated the Federal Government over a statement made by the Minister of Information and Culture, Alhaji Lai Mohammed, blaming the Economic Community of West African States (ECOWAS) protocol on freedom of movement of persons and goods for the invasion of AK-47-bearing herders and bandits from neighbouring countries into the country.
The Minister, on Sunday, had said “some of the bandits and herdsmen terrorising the country are non-Nigerians” and the government is thinking of seriously reviewing the ECOWAS protocols in that respect.”
In his reaction, the human right activist, who is also the chairman of Alliance on Surviving COVID-19 and Beyond (ASCAB), disclosed that the ECOWAS protocol isn’t an excuse for the FG not to fight against insecurity, adding that the protocol empowers the government to reject foreign armed herders.
In his statement, he revealed that “With respect, the ECOWAS protocol A/P.1/5/79 relating to free movement of persons, residence and establishment (free movement protocol) does not permit any form of trans-border banditry and illegal possession of arms and ammunition.
“Instead of seeking a review or an amendment of the protocol, the Federal Government should take advantage of Article 4 thereof which states that ‘Notwithstanding the provisions of Article 3 above, member states shall reserve (the right to refuse admission into their territory any community citizen who comes within the category of inadmissible immigrant under its laws.’ It is submitted that such restrictive domestic inadmissibility laws allow Nigeria to invoke her domestic laws to deal with the menace of trans-border criminality traced to armed herders and bandits.
“One of such domestic laws is the Animal Diseases (Control) Act (Cap. A17) laws of the Federation of Nigeria 2004 that provides for the importation and exportation of animals, surveillance of importation, seizure or destruction of animals, control of trade animals, among others.
“Specifically, the Act states that the importation of any animal, animal products or biologics into Nigeria from any other country by land, sea or air is prohibited except under a permit granted by the director who in each case shall state the conditions under which the animal, hatching eggs or poultry may be imported.
“It is also provided that imported animals may be subjected to such examination, disinfection, inoculation and quarantine at the risk and expense of the owner thereof as the director may deem necessary, and any animal, animal products, biologic or infectious agent which is not imported in accordance with the provisions of this Act shall be seized or caused to be destroyed immediately on arrival by the director, or by an authorized officer.
“Another relevant legislation is the Firearms Act (Cap. R11) Laws of the Federation of Nigeria 2004, which provides that no person shall have in his possession or under his control any firearm except in accordance with a license granted by the president acting in his discretion or except in accordance with a license granted in respect thereof by the Inspector General of Police.
“Any person who contravenes any of the provisions of the firearms Act is guilty of an offence and liable on conviction to a minimum sentence of 10 years or five years imprisonment depending on the provision(s) breached. But for reasons best known to the security forces, herders are allowed to bear arms and deploy same to commit all manners of criminal offences including criminal trespass, culpable homicide, abduction and rape.
“Since the Federal Government and the state governments have embraced ranching, the commissioners of agriculture or the appropriate authorities in each of the states of the Federation should issue regulations banning open grazing and movement of cattle in line with the provisions of Animal laws, Animal disease laws, forestry laws etc.”
