(FARMERS AND HERDSMEN (PREVENTION AND SETTLEMENT OF DISPUTES) EDICT
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(FARMERS AND HERDSMEN (PREVENTION AND SETTLEMENT OF DISPUTES) EDICT
ARRANGEMENT OF SECTIONS
- Title and Commencement
- Interpretation
- Establishment of State Committee
- Appointment and composition
- [Functions of the Committee]
- Establishment of Local Government Committee
- Composition of the Local Government Committee
- Tenure of office
- Appointment of Secretary
- Payment of allowances
- Resignation and removal from office
- Function of the Committee
- Grazing on Farmland
- [Auction of animal abandoned by herdsman in breach of Edict]
- Extent of liability of a member
- Meeting of the Committee
- Co-option of a member
- Power to give directives by the Administrator
- [Validity of act or proceedings of Committee]
- Funds of the Committee
- Periodic reports
- [Offences]
- Punishment
FARMERS AND HERDSMEN (PREVENTION AND SETTLEMENT OF DISPUTES) EDICT 1997
NASARAWA STATE OF NIGERIA
EDICT NO. 5 OF 1997
Enactment
THE MILITARY ADMINISTRATOR OF NASARAWA STATE OF NIGERIA hereby makes the following Edict
Citation and commencement
- This Edict may be cited as the (Farmers and Herdsmen (Prevention and Settlement of Disputes) Edict and shall come into operation on the first day of October, 1986.
Interpretation
- In this Edict unless the context otherwise requires:
“Administrator” means the Administrator of Nasarawa State
“Animal” includes camels, cows, sheep, goats etc.
“Chairman” means the Chairman appointed pursuant to Section 4 and 7 of this Edict.
“Committee” means a Committee on Farmers and Herdsmen (Prevention and Settlement of Disputes) under Section 3 and 6 of this Edict.
“State” means the Nasarawa State of Nigeria.
“Farmer” means a person who raises or cultivates crops on the farm.
“Herdsmen” means a person who takes care or tends or drives animals/herd.
“Member” means a member and includes the Chairman.
Establishment of State Committee
- There is hereby established in the State a Committee to be known as the Farmers and Herdsmen (Prevention and Settlement of Disputes) Committee.
Appointment and composition
- (1) The Committee shall consist of the following members to be appointed by the Administrator:
(a) Commissioner of Agriculture who shall be the Chairman.
(b) The Attorney General or his representative.
(c) Representative of farmers.
(d) Representative of Cattle breeders.
(e) A representative of the State Council of Chiefs.
(f) The Commissioner of Police or his representative.
(g) Representative of the State Security Service.
(h) Two other members.
(i) A representative of the Military Administrator’s office who shall serve as Secretary.
(2) A member of the Committee other than an ex-officio member shall hold office for a period of four years and shall be eligible for reappointment.
(3) A member of the Committee shall be paid allowances as may from time to time be approved by the Administrator.
(4) A member of the Committee may resign his appointment by giving notice under his hand addressed to the Chairman.
[Functions of the Committee]
- The functions of the Committee shall include:
(a) Coordinating the activities of the Local Government Committees.
(b) Receiving reports from the Local Government Committees and making appropriate recommendations to the State Government.
(c) Liaising with similar Committees in other States to promote and improve the relationship between farmers and herdsmen.
(d) Advising the Government on the creation of Grazing Reserves as well as designate water courses for the grazing of animals in various parts of the State.
(e) Carrying out any other functions as may from time to time be assigned to it by the Administrator.
Establishment of Local Government Committee
- It is hereby established in each of the Local Government Areas in the State a Committee to be known as the Farmers and Herdsmen (Prevention and Settlement of Disputes) Committee.
Composition of the Local Government Committee
- The Committee shall consist of the following members to be appointed by the Administrator on the recommendation of each Local Government Council:
(a) A Chairman who shall be the Chairman of the Local Government.
(b) A Deputy Chairman who shall be a Traditional Ruler not below the status of a District Head.
(c) The Divisional Police Officer.
(d) The representative of the State Security Service in the Local Government Areas.
(e) A representative of each of the following:
(i) Farmers
(ii) Herdsmen
(f) A respectable person in the Local Government Area.
Tenure of office
- A member other than an ex-officio member shall hold office for a period of three years and shall be eligible for re-appointment for another term only.
Appointment of Secretary
- (1) There shall be a Secretary to be appointed by the Local Government Council from amongst its staff.
(2) The Secretary shall be responsible for the day to day running of the Secretariat and such other functions as the Committee may direct.
(3) The Secretariat of the Committee shall be situated at the Local Government Headquarters.
Payment of allowances
- Members shall be paid such allowances as may be determined by the Administrator from time to time.
Resignation and removal from office
- (1) A member may at any time resign his appointment by notice in writing under his hand to the Administrator through the Chairman.
(2) A member may be removed by the Administrator on the recommendation of the Local Government Council where he:
(a) Is incapacitated or unable to discharge his duties diligently.
(b) Is convicted of any criminal offence by a court of competent jurisdiction.
(c) Is adjudged bankrupt.
(d) Frequently absents himself from meetings of the Committee without reasonable excuse.
Function of the Committee
- The functions of the Committee shall be to:
(a) Enlighten farmers and herdsmen on the importance of each other to the society and the need for peaceful co-existence between them.
(b) Monitor the movement of herdsmen and control the entry of migrant herdsmen and their animals into the State.
(c) Assess compensation in respect of loss or damage to farm produce or animals.
(d) Encourage disputing parties to resolve their differences amicably particularly by facilitating the settlement of disputes between farmers and herdsmen and compensation of any party who suffers damage by the other party who causes such damage.
(e) Enlighten farmers on the need to evacuate farm produce within a reasonable time after harvest.
(f) Ensure that farmers do not encroach on any existing stock routes and grazing reserves in its area of jurisdiction.
Grazing on Farmland
- No herdsmen shall graze his animals on a farmland where there is farm produce or remains of farm produce.
[Auction of animal abandoned by herdsman in breach of Edict]
- (1) Any herdsman who breaches any of the provisions of this Edict and thereafter abandons his animals under his custody, such animals shall be arrested and kept in custody by the Committee which may auction them by leave of a High Court if nobody appears to claim them after one month.
(2) The proceeds from the auction pursuant to Sub-section (1) of this Section may be applied to:
(a) Compensate any person who suffers any damage as a result of the action of the herdsman or his animals.
(b) Defray any cost that may arise there from.
Extent of liability of a member
- No member or secretary of the Committee shall be liable for any act or commission done or made in good faith while acting in his official capacity.
Meeting of the Committee
- (1) The Committee shall meet for the conduct of its business at such times and places, on such days as the Chairman may appoint depending on the season of the year but shall not be less than six times a year.
(2) The Chairman may, or at the request of not less than two members summon a meeting.
(3) The Chairman shall preside at every meeting of the Committee but in his absence, the deputy Chairman shall preside. Where both are absent, members present may nominate one of them to preside over that meeting.
(4) The person nominated pursuant to Subsection 3 of this Section shall have all the powers and privileges of the Chairman.
Co-option of a member
- (1) Where the Committee desires to obtain the advice of any person on any particular issue or matter in its meeting, it may co-opt that person as a member for that purpose.
(2) A person so co-opted shall not be entitled to vote and shall not count towards a quorum.
Power to give directives by the Administrator
- The Administrator may give general or specific directives to the Committee as regards the discharge of its functions and the Committee shall give effect to such directives.
[Validity of act or proceedings of Committee]
- No act or proceedings of the Committee shall be invalidated by reason of any vacancy in its membership or by reason of any defect in the appointment of any member.
Funds of the Committee
- (1) There shall be a fund for the Committee to be jointly financed by the State and the Local Government Council.
(2) All expenditures of the Committee including the remuneration of its members shall be defrayed from this fund.
Periodic reports
- The Committee established under Section 3 and 6 of this Edict shall prepare and submit to the Administrator periodic reports of their activities.
[Offences]
- (1) Anyone who:
(a) Encroaches on a stock route or grazing reserves.
(b) Grazes his animals on a farmland where the produce have not been removed.
(c) Destroys animals or farm produce; or
(d) Causes, participates, abets or incites clashes between farmers and herdsmen; or
(e) Grazes his animals in the night;
shall be guilty of an offence.
(2) Related offences not provided for under this Edict shall be tried under the Penal Code.
Punishment
- Whoever contravenes the provisions of Section 13 and 22 of this Edict shall conviction be liable to:
(a) A term of imprisonment not exceeding five years or a fine not exceeding N10,000.00 or both in the case of a first offender.
(b) A term of imprisonment not exceeding ten years in the case of subsequent offence.
Made at Lafia this 5th day of February 1997
WING COMMANDER ABDULLAHI IBRAHIM
MILITARY ADMINISTRATOR
NASARAWA STATE OF NIGERIA
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