Herdsmen and Farmers in Nigerian Agriculture Research Paper 2022

LAW AS AN INSTRUMENT FOR REGULATING ACTIVITIES OF HERDSMEN AND
FARMERS IN NIGERIAN
1.1 Introduction
The most famous occupation of people in Nigeria is agriculture, which equally is the largest
employer of labour in the Country. As such the importance of this Sector to the national
development cannot be underestimated. Agriculture is the cultivation of plants, animals, and
some other organisms, such as fungi, for the production of food, fibre, fuel, and medicines used
by society.1 It is the science, art or practice of cultivating the soil, producing crops and raising
livestock and in varying degrees the preparation and marketing of the resulting products. 2 It is
not in doubt then that agriculture consists of two key components: crops production and raising
livestock (animal husbandry). Those that are engaged in crops production are addressed to as
farmers, on the other hand, those occupied with the business of raising livestock are referred to
as herdsmen. The people most associated with the business of raising livestock, especially cattle,
sheep and goats, are the Fulani herdsmen. One of the largest ethnic groups in the Sahel and West
Africa and widely dispersed across the region are the Fulani. 3
The transhumance (seasonal migration) practice of the Fulani herdsmen, whether as citizens or
African migrants, brought them in direct contact with sedentary farmers along the cattle and
migration routes. And in as much as human beings will continue to pursue divergent,
incompatible interests, goals and aspirations, 4 so much will conflict continue to be an ever
1www.nature.com,accessed on27/01/2018 at 1921 hrs
2www.merriam-webster.com, accessed on 27/07/2018 at 1927hrs.
3Juang, M. (2008), Africa and the Americas: Culture, Politics and History, ABC-CLIO, p. 492.
4 The interests of the farmer and the herder affairs to be at divergent with each other. However, there may be symbiotic relationship between the
two; the herder supplying manure to the farm, and on the other hand, the farmer leaving the corn stalk, etc., for the rearer.

present reality in their social formations. 5 The unending Farmers-Herdsmen clashes in Nigeria
has graduated to a frightening dimension threatening the very corporate existence of Nigeria due
to its implications to State (national) security. The concept of State security is rooted in the social
contract between the State and its inhabitants, where the State is obliged to protect the life,
liberty and welfare of its citizens in exchange for their obedience to its authority. 6 The Nigerian
Constitution made significant contribution in that light, by devoting two chapters dedicated to the
protection and promotion of human rights.7
This paper attempts to give the theoretical framework towards the understanding of the rights
endowed to the herdsmen, whether as Nigerian citizens or as migrants from ECOWAS sub-
region or other African Countries that share borders with Nigeria. The presentation equally
addresses the responsibility of the government to its citizens in securing their meaningful
existence. The aim is to bring about some solutions that are geared towards bringing the loss of
lives and properties, due to the clashing between farmers and herdsmen, to an end.
1.2 Statement of the Research Problem
Human activities are regulated by law so as to ensure that they do not exceed the limit of their
rights. More worrisome is a situation where the law purports to regulate any particular aspect of
life yet with no positive results. Grazing and farming are common activities in Nigeria but these
activities are not well regulated and the effects of this are serious environmental misconducts
across the region. Studies have shown that if herdsmen and farmers activities are not controlled
5Fage, K. S. & Alabi, D. O. (2017), Nigerian Government and Politics, 2nd Edition, Basfaj Global Concept Limited, Abuja, p. 255.
6Ige, A. (2011), The Quest for State Security in Nigeria: The Imperative of Human Rights and Good Governance, Journal of Public and
International Law, vol. 1, no. 5, Department of Public Law, ABU Zaria, p. 182.
7 Chapter II and IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Cap. C32, Laws of the Federation of Nigeria,
2004.

within the ambit of the law harm would be inflicted on human, environment, farm land, soil
properties could deteriorate and with factors such as extensive soil erosion.8
Studies have also shown that there is a relationship between farming activities, namely,
deforestation, bush burning etcetera with climate change. In short, deforestation, bush burning
etcetera can give birth to climate change. Simply put, farming activities if not properly controlled
and well regulated pose danger to the physical environment and cause climate change.
Another dimension is that human resources constituting part of the environment is threatened as
a result of killings between farmers and herdsmen in Nigeria. In Nigeria, the battle line has been
drawn between herdsmen and farmers as the latter are aggrieved that the former have turned their
farms to grazing land thereby causing havoc on their crops and farmlands, while the herdsmen
see farmers as impediments to their grazing activities. As a result, lives have been lost through
related crises, many people rendered homeless, properties destroyed and great wealth wasted.
In short, some activities of farmers and herdsmen in Nigeria pose a great danger to the physical
environment. To curb these, the relevant and applicable laws in Nigeria must be efficient enough
to take care of the challenge that stares humanity in the face. The applicable laws must
adequately address all the thorny areas here and must provide lasting solutions to these problems
or else we are doomed. It is in the light of this that this proposed research is a project worth
embarking on.
1.3 Research Questions
From the above, the following research questions become imperative:
1. To what extent has the law stopped the activities of herdsmen and farmers in Nigeria?
8 L.A.A et al (1999) Cattle Grazing and Environment in Eastern Nigeria: Impact on Soil
Physical Properties,
Outlook on Agriculture, 28 (2)pp 103-107

2. How the law of Nigeria protects the environment by regulating activities of farmers?
3. To control soil erosion, desertification, bush burning, the laws in Nigeria can result to be
more efficient to regulate activities of herdsmen and farmers. How?
4. How can law be of help in controlling farmers and herdsmen in Nigeria from degrading
the environment and modify climatic conditions?
1.4 Aim and Objectives of the Proposed Research
The aim of the proposed research is to address how the law can be a panacea in curbing the
activities of herdsmen and farmers on environment. Based on the above, the following objectives
become imperative:
1. To know the extent that the law has curbed the activities of herdsmen and farmers on the
physical environment and climate in Nigeria
2. To know whether the laws that seem to regulate the activities of herdsmen and farmers in
Nigeria adequately protect the physical environment and climate
3. To argue and recommend how the applicable laws in Nigeria can be made more efficient
in curbing the activities of herdsmen and farmers on the physical environment and
climate by controlling soil erosion, desertification, bush burning and climate change.
4. To discuss how can law be of help in controlling farmers and herdsmen in Nigeria from
negatively exploiting the environment.
1.4 Aim and Objectives of the Proposed Research
The aim of the proposed research is to address how the law can be a panacea in curbing the
activities of herdsmen and farmers on environment and climate. Also the differences in laws and
implementation policies are to be assessed in this research process. Based on the above, the
following objectives become imperative: