destroy farms owned by the indigenous people who are mainly Christians. With
deep-seated prejudice, the Fulani herdsmen find it difficult to appreciate the customary land governance system of the other ethnic groups. This, coupled with their
pastoral nomadic habit, brings them in conflict with the indigenous land owners in
the Middle Belt and the southern states of the country. In some instances, the cattle
eat up crops and when the owners of the crops react, the herdsmen instead of being
apologetic, often lay claim to the ownership of the land on which the crops are
planted.
The herders contend that grass belongs to Allah
18 and as such the crops are forms
of grass owned by everybody since Allah is the rightful owner. Ironically, they never
view their cattle as Allah’s property that could be collectively owned by everybody.
Besides, they understand land to be owned by the government under the Land Use
Act.
19 On the other hand, the Christian farmers of southern Nigeria insist that their
customary soil or land governance recognises customary ownership including Kola
or tribute land tenancy system.
20 Obviously, the customary ownership of land tends
to be more successful. In fact, before the advent of colonialism, there seemed to be
less ethnic clashes on account of land.
Notwithstanding, the above contention has snowballed to major crises in several
cases. In reality, the Fulani herders travel from the far northern states to the southern
states in search of good pasture for grazing. Instead of negotiating with the owners,
they claim to be co-owners of the land. Apparently, the reaction of the traditional
owners has not been friendly either, especially, when cash or food crops on farm
lands are destroyed without any form of compensation. In addition to the aforementioned, these herdsmen are so determined and desperate for the survival of their
animals that some of them maim, kill or massacre the farmers that attempt to prevent
the cows from grazing on the land and farms without the customary kola, tribute or
compensation. A worst-case scenario is when some Fulani herders would burn down
farms in order to yield green pasture for their cattle months later.
21 This situation
explains why states like Ekiti banned open grazing. The Ekiti State law, although not
perfect, criminalises acts that degrade fertility of soil or land belonging to another
person by a herdsman, either by burning or destroying crops in farms.
22
18 Agbosu (1988).
19 Section 1 of the Land Use Act, Cap. L5 LFN (2004).
20 Kola tenancy is defined under the Kola Tenancies Law, Cap. 69, Laws of Eastern Nigeria (1963),
as “a right to the use and occupation of land which is enjoyed by any native in virtue of a kola or
other token payment made by such a native or any predecessor in title in virtue of a grant for which
no payment in money or in kind was exacted.”
21 PM News Nigeria (February 12th, 2018).
22 Prohibition of Cattle and other Ruminant grazing in Ekiti (2016). This law criminalises grazing in
some places within the state and outside certain periods in the day. It also prohibited the carriage of
any kind of weapon by herdsmen (Prohibition of Cattle and other Ruminant Grazing in Ekiti, 2018).
Soil Governance and Sustainable Land Use System in Nigeria: The Paradox of. . .
163
deep-seated prejudice, the Fulani herdsmen find it difficult to appreciate the customary land governance system of the other ethnic groups. This, coupled with their
pastoral nomadic habit, brings them in conflict with the indigenous land owners in
the Middle Belt and the southern states of the country. In some instances, the cattle
eat up crops and when the owners of the crops react, the herdsmen instead of being
apologetic, often lay claim to the ownership of the land on which the crops are
planted.
The herders contend that grass belongs to Allah
18 and as such the crops are forms
of grass owned by everybody since Allah is the rightful owner. Ironically, they never
view their cattle as Allah’s property that could be collectively owned by everybody.
Besides, they understand land to be owned by the government under the Land Use
Act.
19 On the other hand, the Christian farmers of southern Nigeria insist that their
customary soil or land governance recognises customary ownership including Kola
or tribute land tenancy system.
20 Obviously, the customary ownership of land tends
to be more successful. In fact, before the advent of colonialism, there seemed to be
less ethnic clashes on account of land.
Notwithstanding, the above contention has snowballed to major crises in several
cases. In reality, the Fulani herders travel from the far northern states to the southern
states in search of good pasture for grazing. Instead of negotiating with the owners,
they claim to be co-owners of the land. Apparently, the reaction of the traditional
owners has not been friendly either, especially, when cash or food crops on farm
lands are destroyed without any form of compensation. In addition to the aforementioned, these herdsmen are so determined and desperate for the survival of their
animals that some of them maim, kill or massacre the farmers that attempt to prevent
the cows from grazing on the land and farms without the customary kola, tribute or
compensation. A worst-case scenario is when some Fulani herders would burn down
farms in order to yield green pasture for their cattle months later.
21 This situation
explains why states like Ekiti banned open grazing. The Ekiti State law, although not
perfect, criminalises acts that degrade fertility of soil or land belonging to another
person by a herdsman, either by burning or destroying crops in farms.
22
18 Agbosu (1988).
19 Section 1 of the Land Use Act, Cap. L5 LFN (2004).
20 Kola tenancy is defined under the Kola Tenancies Law, Cap. 69, Laws of Eastern Nigeria (1963),
as “a right to the use and occupation of land which is enjoyed by any native in virtue of a kola or
other token payment made by such a native or any predecessor in title in virtue of a grant for which
no payment in money or in kind was exacted.”
21 PM News Nigeria (February 12th, 2018).
22 Prohibition of Cattle and other Ruminant grazing in Ekiti (2016). This law criminalises grazing in
some places within the state and outside certain periods in the day. It also prohibited the carriage of
any kind of weapon by herdsmen (Prohibition of Cattle and other Ruminant Grazing in Ekiti, 2018).
Soil Governance and Sustainable Land Use System in Nigeria: The Paradox of. . .
163