Benue State University, Makurdi

The Constitutionality of the Open Grazing (Prohibition and Ranches Establishment) Law 2017 Of Benue State: Resolving the Conflicting Conundrums

Imbwaseh, A.,* Imbwaseh, R.N.** and Atonko, M.***

Abstract

The major occupation in Benue State is farming. No rational State government will therefore sit and fold its hands while crops, settlement and property of its citizens are destroyed by open grazing of livestock. It is on the heels of clashes between nomadic herdsmen and farmers in Benue State that led to the Open Grazing (Prohibition and Ranches Establishment) Law was promulgated in 2017 in Benue State. Adopting the doctrinal research method, this article found that the law has not infringed on any section of the constitution of the Federal Republic of Nigeria, thereby putting to rest arguments pertaining to its constitutionality. It is what the Courts say that is the law and the Courts have held in a plethora of cases that the anti-open grazing law is constitutional in all ramifications. It is recommended that strict adherence to the provisions of this law may eradicate the unprovoked killings of innocent farmers and law abiding citizens of Benue State by nomadic herdsmen.

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