News Editor
VIVIAN OZIOMA UMEH
Principal Partner, MAVEN ASSOCIATES.
The right to land and the right to exclusive use and enjoyment of land is highly protected under the Nigerian Constitution (Sec. 43 & 44 1999 CFRN) and under the Land Use Act (Sec. 34, 36 & 29) the tort of trespass to land also protects right to land, among others.
A person is in breach of another person’s right to land if he as much as enters another’s land or cause any object or animal to enter another’s land.
The farmers-herders clash in Nigeria has raised several concerns as to the rights of farmers/landowners and the rights of herders. Several solutions have been preferred to solve the problem of the clash like the cattle colony of grazing reserve scheme, among others. However, the above solution was not implemented because of the legal issues it raised and because cattle grazing is a private business and should not be subject to government intervention to the exclusion of other private businesses.
In response to the clash, the Southern Governors declared a ban on open grazing in their state to curb the increasing menace of killing and to protect the rights of farmers and landowners.
In the light of the above situation, I recommend that the herders should, like every other private business owner, lease land for grazing for a term of years after paying the required rent since all land is vested in the governor of each state for the benefit of all Nigerians.
The lease will contain terms and conditions which are enforceable in court and the land subject to the lease will be duly demarcated to avoid future boundary dispute or encroachment.
