Law, Herdsmen, and Farmers: Regulating Activities in Nigeria

This report investigates the role of law in regulating the activities of herdsmen and farmers in Nigeria, recognizing agriculture's significance to the national economy. It examines the conflicts arising from these activities, particularly the environmental consequences like deforestation, soil erosion, and climate change. The research explores the existing legal framework, including relevant Nigerian and international laws, and assesses their effectiveness in curbing environmental degradation and resolving conflicts. The methodology includes doctrinal and empirical research, utilizing case laws, statutes, questionnaires, and interviews to gather data. The report aims to identify gaps in the current legal regime and propose recommendations for more efficient regulations to protect the environment, promote sustainable practices, and mitigate conflicts between farmers and herdsmen. The research also focuses on implementation policies and their impact on the environment, offering insights into how law can be a panacea for these challenges.

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:

1. To acknowledge the ability of legal system in guiding activities of herdsmen and farmers
physical environment and climate in Nigeria
2. To know the impacts these legal regulations have over protection of the physical
environment and climate.
3. To argue and recommend how the applicable laws in Nigeria can be made operational
through policies on the physical environment and climate by managing differences
between farmers and herdsmen.
4. To discuss the lacking in terms of purposeful implementation of the legal framework
along with the applicable policies in Nigeria.
1.4 Methodology
The proposed research shall employ the use of doctrinal and empirical methods of research. It is
the type of research which uses theoretical approach in accordance with cases, aid of books and
statutes. These factors led to development of major findings and supportive recommendations. A
set of relevant case laws, newspapers, statutes, textbooks, semi structured questionnaires and
internet sources are used to understand the situation to be analysed.
In Nigeria, relevant domestic laws in this area include the Constitution of the Federal Republic of
Nigeria9; National Environmental Standards and Regulations Enforcement Agency Act10 ;
Environmental Impact Assessment Act11; Land Use Act12; Nigerian Urban and Regional
Planning Act13; Endangered Species Act14 ; Exclusive Economic Zone Act; Anti Open Grazing
Act Laws of various States of the Federation of Nigeria. At the international level, various legal
instruments applicable to Nigeria will be considered and these include International Convention
9 Op cit
10 2007
11 CAP E12 L.F.N 2004
12 Cap L5 , L.FN 2004
13 Cap N138
14 Cap E9, L.F.N 2004

to Combat Desertification in Those Countries Experiencing Serious Drought and /or
Desertification Particularly in Africa 1996; Framework Convention on Climate Change 1994;
Desertification Convention 1994; Convention for Cooperation in the Protection and
Development of the Marine and Coastal Environment of the West and Central African Regions
1984; Agreement to the Joint Regulation on Fauna and Flora 1977; Protocol Concerning
Cooperation in Combating Pollution in Cases of Emergency 1984; Amendment to the Protocol
on Substance that Deplete the Ozone Layer 1996; Protocol on Substance that Deplete the Ozone
Layer ( Montreal Protocol) 1989; International Convention on Civil and Political Rights 1993;
Protocol Additional to the Geneva Convention Relating to the Protection of Victims of Non
International Armed Conflicts 1989; Convention for the Protection of Ozone Layer ( Vienna
Convention) 1989; Convention of the World Meteorological Organization 1960; African
Convention on Conservation of Nature and Natural Resources 1974; Constitution of the World
Health Organization 1960; Constitution of the Food and Agriculture Organization of the United
Nations 1960. Collection of data and relevant facts are carried out through Empirical method
used in this research through indirect interviews, administering of questionnaires and even
personal experience. This method will be used to get direct and relevant information from target
groups in Nigeria, that is, groups directly affected by the activities that will be studied. It will
also relate with addressing the differences between laws and their implementation possibilities
all across the subject. The collection of data can be done through analysing previously available
information through police records and other administrative records. It will limit the exposure of
researcher in terms of unfavourable conditions. Semi-structured interview questions for both
groups, that are the farmers and herdsmen, have been used to ensure the safety of researcher at
each point of data collection.

1.5 Importance of the Proposed Research
Because of its uniqueness, the proposed research will build upon the current historiography
relating to the area of discourse. It is to the best of personal knowledge that no academic work in
this proposed area of research has covered this field in the manner herein proposed. It is worthy
of note that this work proposes to centre on activities of farmers and herdsmen and how the law
can curb these activities in relation to the physical environment and climate, with emphasis on
Nigeria. Some literature in this area have made attempts to discuss this area but have only
discussed some fragmented aspects of this research and have not brought them in whole and with
their interrelatedness as shall be brought in the proposed research. Also, one will easily find
scientific literature on some isolated areas like climate change, desertification, erosion,
deforestation, etc but there is dearth of literature on how these activities can be curbed with
specific reference to the legal aspect of the solution, taking into consideration the culture,
civilization and orientation of farmers and herdsmen in Nigeria. In whole, the research shall fill
the existing lacunae in this proposed area of study.
Different set of case studies, legal facts and operational regulations are liable to produce
significant impacts on the present state of process which is integrated with the assessment.
Environment is an important factor which has been used to justify the operational needs of laws
for providing an ease of operation. In addition to this, factors such as responsive planning, safe
operational environment and ideal execution are put in to figure for managing the profound ways
of controlling the growing adverse impacts. Herdsmen and farmers are the first point of impact
for each of the legal obligations introduced under environment perspective and thus a suitable
amount of consideration is made for both of these groups. There are differences in the laws for
both of these stakeholders and this in many cases causes serious damages for the climate and

environment. The initiatives by government in terms of implementation policies are important as
they pave ways for laws to be applied accordingly.
It is hoped that this proposed research will add to the existing literature in this area and will be a
veritable tool that will trigger a legal regime capable of curbing the excesses of farmers and
herdsmen in Nigeria as regards the effects of their activities on the physical environment and on
climate.
1.6 Research Timeline
The proposed program of research is Doctor of Philosophy in Law. The researcher intends to
embark on a fulltime program of 36 months but intends to complete same in 30 months. With the
proposed researcher’s passion for the area of study and wealth of experience as a practicing
lawyer in Nigeria and conversant with the culture and civilizations of farmers and herdsmen
therein, the proposed research will be achieved within the time specified and with effective
safety ideologies for the researcher itself.
1.7 Contributions by researcher
Individual contributions by the researcher have been incorporated in terms of information
collection, researching and analysing the issue. In addition of this, as the present situation in
Northern Nigerian territories are not favourable for a research of this type, there is a constant
threat for the safety and security of the researcher.
Following are some of the initiatives which can ensure proper safety measures for the researcher:
 Maintain a balanced ideology for the involved stakeholders like the government, farmers
and herdsmen.

 Providing a positive criticism for the environmental misconducts in terms of land and
policy usage.
 Assessment of needs and liabilities for the farmers, government and the herdsmen.
 Maintain proper safety precautions during interview conduction for the researcher.
1.8 Sample Bibliography
Domestic Legislation
1. Anti-Open Grazing laws of States
2. Constitution of the Federal Republic of Nigeria 199 ( as amended);
3. Endangered Species Act, Cap E9, L.F.N 2004 ;
4. Environmental Impact Assessment Act;
5. Exclusive Economic Zone Act Cap E12,L.F.N 2004;
6. Land Use Act Cap L5, L.F.N 2004;
7. National Environmental Standards and Regulations Enforcement Agency Act 2007;
8. Nigerian Urban and Regional Planning Act, Cap N138, L.F.N 2004;
International Legal Instruments
1. African Convention on Conservation of Nature and Natural Resources 1974;
2. Agreement to the Joint Regulation on Fauna and Flora 1977;
3. Amendment to the Protocol on Substance that Deplete the Ozone Layer 1996;
4. Constitution of the Food and Agriculture Organization of the United Nations 1960.
5. Constitution of the World Health Organization 1960;
6. Convention for Cooperation in the Protection and Development of the Marine and
Coastal Environment of the West and Central African Regions 1984;
7. Convention for the Protection of Ozone Layer ( Vienna Convention) 1989;

8. Convention of the World Meteorological Organization 1960;
9. Desertification Convention 1994;
10. Framework Convention on Climate Change 1994;
11. International Convention on Civil and Political Rights 1993;
12. International Convention to Combat Desertification in Those Countries Experiencing
Serious Drought and /or Desertification Particularly in Africa 1996;
13. Protocol Additional to the Geneva Convention Relating to the Protection of Victims of
Non International Armed Conflicts 1989;
14. Protocol Concerning Cooperation in Combating Pollution in Cases of Emergency 1984;
15. Protocol on Substance that Deplete the Ozone Layer ( Montreal Protocol) 1989;

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