Home HISTORY Open grazing in Nigeria was outlawed by the court 55 years ago

Open grazing in Nigeria was outlawed by the court 55 years ago


As a student of International Law and Diplomacy of the University of Lagos (1997/98), I recall that the judgment of the Abeokuta High Court of 1969 by Justice Adewale Thompson was always cited in respect of EQUALITY OF CITIZENS OF NIGERIA.
Another prominent case was that of Yinka Badejo vs. Minister of Education over unequal JAMB cut off mark for candidates of different states.
They’re prominent cases on human rights law.
Why is Nigeria, 55 years after arguing over banning open grazing in the same country?
Why are we so daft about the sense of history and making use of them?

Suit no AB/26/66
Hon.Justice Adewale Thompson: 17th April, 1969.
Suit no AB/26/66 at Abeokuta Division of the High Court.

“I do not accept the contention of Defendants that a custom exists which imposes an obligation on the owner of farm to fence his farm whilst the owner of cattle allows his cattle to wander like pests and cause damage. Such a custom if it exists, is unreasonable and I hold that it is repugnant to natural justice, equity and good conscience and therefore unenforceable…in that it is highly unreasonable to impose the burden of fencing a farm on the farmer without the corresponding obligation on the cattle owner to fence in his cattle.” Sequence to that I banned open grazing for it is inimical to peace and tranquillity and the cattle owners must fence or ranch their animals for peace to reign in these communities.”

This position of the law is valid as it was never appealed or upturned.


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