- Says President Not Ruling According to Constitution
By Amos Aar
GOVERNOR Samuel Ortom of Benue State on Thursday disagreed with President Muhammad Buhari’s on the legality of open grazing in Nigeria. The governor said that contrary to the position of the president, open grazing is not constitutional as it is not stated anywhere in the Nigerian constitution.
Ortom made the declaration on Thursday, June 17, 2021 during the 2021 Law Week annual celebration organised by the Nigerian Bar Association (NBA), Makurdi. The governor said he was reacting to comments reported to have been expressed by President Buhari during his recent interview broadcast on Arise TV concerning open grazing and the embezzlement of local government funds by state governors, among other issues.
Governor Ortom also disagreed with the claims by the president that he is administering Nigeria in line with the provisions of the constitution.
“I do not agree with him [Buhari] completely. There are other aspects even on security, even on what he said recently concerning open grazing instead of ranching.
“There is no provision for open grazing in the constitution of the Federal Republic of Nigeria, but there is provision for states to make laws for good governance of their states as long as it does not conflict with the provisions of the constitution of the Federal Republic of Nigeria.
“So when Mr President says he disagrees with banning of open grazing and he is not in support, I begin to wonder why that should be! The National Economic Council is a creation of the Federal Republic of Nigeria which Mr President inaugurated and chaired by the Vice president. That body represents the entire country, so if they take decision on a policy that will solve the problem of farmers and herdsmen and the President flushes it out, then how can he say that he is ruling according to the constitution?
“Look at his appointments today, is it representing Federal Character policy to the law? I think that there are other aspects that he is ruling according to the law but he should listen to some of us who are criticising. This criticism is constructive and it is meant to help him make adjustment and govern this country better.
“If we point out some lapses, it should not be a matter of vilifying, castigating, intimidating blackmailing and even raising some media people to insult and say all kinds of things. I want the President to succeed, that is why I make constructive criticism on things I think can work. Mr President has to go back and reflect on that statement, there are areas he is not ruling according to the Constitution,” Governor Ortom said.
Fielding questions on the president’s alleged shifting of responsibility for security of states to the governors, Ortom said: “Well, I don’t know why he said that because we are in a federation where the roles of the local government are complementary to the state and the federal government and the roles of the state are complementary to the federal government and we have a specific responsibility.
“But you will recall that recently, we have been calling for devolution of powers and we have been calling for restructuring to ensure that we have more resources. We are supposed to have control of at least the police so that that will help us control things better. So, Mr President should not shift his responsibility, he should know that he is the Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria. He does the appointment of the Chief of Army Staff, Chief of Defence Staff, the DG SSS and all the service chiefs.
“It is the responsibility of the president because the constitution gives him the right to do that. He should not be shifting blames but stand up to his responsibility and call us, let there be dialogue, a summit that we can also make inputs because we are on ground. But if he is shifting the responsibility to us, he should also give us the resources that are meant for that responsibility, let him allow for the equitable distribution of resources that we have so that revenue sharing formula too will be adjusted. Then we can take responsibility, let them give us at least state Police.”
Governor Ortom also reacted to an allegation that he directed the Air Force on area patrol to kill about one thousand cows in Nasarawa state:
“I think it is just changing the narrative from the real issues they are doing. Go to my local government now, more than three quarters of the local government has been invaded and taken over by herdsmen. Have you not heard the president’s directive that they should shoot at sight anyone carrying AK-47?
“I told my people are not allowed to carry AK-47, but the Fulanis are having that and in any case, where were those cattle killed? This is just a way of trying to divert attention and turn people away from the real issues. Miyetti Allah Kauta Hore is a terrorist organisation and I will continue to say that they should be proscribed because they don’t mean well, they want to destroy this country while we believe in peace, we believe in living together, we believe in cohabiting with anyone whether Fulani, Hausa, Ibo, Yoruba, anyone.”
On the alleged embezzlement of local government funds by state governors, Ortom said:
“That one, I can only talk for myself here in Benue State because I am not the governor of 36 states. But in my own state, we have complied with full autonomy or financial issues with the local government as directed by the National Financial Intelligence Unit (NFIU).
“In Benue State here, go and check the records, NFIU and anti-corruption agencies can go and check if I have tampered with local government funds, I don’t go there. Even the area where we are supposed to be distributing money, the local government and the state in a joint account, as enacted and signed into law by Benue State House of Assembly, signed by the then governor, I have never operated that account since I came into office. I prefer that money goes to each local government and they spend, the records are there for anyone to come and see.”
Asked whether he would call for Buhari’s resignation in view of the challenges like insecurity bedevilling Nigeria and consequent agitations for the president to step down on account of incompetence, Ortom replied:
“No, I will prefer that all of us come together and look at this matter; that is my call to Mr President. But unfortunately, when you say objective points that will help solve these problems, they blackmail you and even make jest of what you are trying to say. We need dialogue; Mr President cannot do it alone. Mr President requires the 774 local government chairmen; Mr President requires the 36 governors; Mr President requires all of us – senators, ministers, traditional rulers, and so he should listen to us.”
