The retired judge disclosed this in a chat with Law & Society Magazine on the current Bill at the National Assembly seeking to ban open grazing across the country.
The National Assembly has no constitutional powers to make laws banning open grazing and establish a national agency for the regulation and management of ranches in Nigeria, a retired Supreme Court Judge, Justice Ejembi Eko, has said.
The retired judge disclosed this in a chat with Law & Society Magazine on the current Bill at the National Assembly seeking to ban open grazing across the country.
According to him, the bill falls outside the purview of the National Assembly.
SaharaReporters reported on June 5 that “A Bill to establish a National Animal Husbandry and Ranches Commission for the regulation, management, preservation and control of ranches throughout Nigeria; and for connected purposes, 2024” has scaled second reading.
Sponsored by Senator Titus Zam, representing Benue North West, the legislative session was marked by heated debates and strong emotions, reflecting the contentious nature of the proposed law.
However, the retired Supreme Court Judge explained that the subject matter in question was outside the legislative jurisdiction of the National Assembly, as it is neither on the exclusive legislative list (ELL) nor on the concurrent legislative list (CLL).
He said, “You can find neither agriculture, nor animal husbandry or ranching, in either the exclusive legislative list (ELL) or the concurrent legislative list (CLL). Item 29 of the ELL is only about fishing and fisheries in littoral waters: international coastal waters, other than inland waters, rivers, lakes, ponds etc.
“Items 17(c) & (d) and 18 of the CLL relating to establishment of agricultural research institutes, or bodies for the promoting or financing agricultural development of the state.
“Of course, Item 20 of the CLL defines agricultural to include fisheries. Items 17 & 18 of CLL cannot be violently stretched, by any cannon of interpretation, to include Animal Husbandry and Ranching."
He explained that “A House of Assembly referred to in Item 19 of CLL" simply means "House of Assembly of a state, by dint of Section 318 of the Constitution.
“Neither Animal Husbandry nor Ranching of animals is a substance or matter within either the ELL or CLL that the Constitution, in section 4(2)-(4) thereof, empowers the National Assembly (NASS) to legislate on."
Continuing, he said, “Animal husbandry and ranching, appearing to be residual matters, fall within the exclusive legislative competence of the House of Assembly of a state to legislate on, by virtue of Section 4(6)&(7) of the Constitution which, in section 1 thereof, is binding on the NASS.
“If, therefore, the NASS enacts any law outside its devolved legislative powers or competence such an exercise, being ultra vires its constitutional powers, shall be null, void and unconstitutional. The Bill on Animal Husbandry and Ranching before the NASS, which is generating a lot of emotions, seems to be heading in the direction of an exercise in futility as the NASS lacks the necessary constitutional mandate or legislative competence to enact it.”