RUGA: Benue defeat Buhari govt in court

By David Mzer and Solomon Amande

A Federal High Court sitting in Makurdi, presided over by Justice Mobolaji Olajuwon Monday declared the federal government policy, plan or proclamation to establish RUGA Settlement and cattle colonies in Benue State as unwarranted, unlawful and unconstitutional.

Delivering judgement in the suit filed by the Attorney General and Commissioner for Justice, Benue State, Barr. Michael Gusa against the Attorney General of the Federation, Federal Ministry of Agriculture and Rural Development and the Minister of Agriculture, Justice Olajuwon declared that any move by the federal government to compulsorily acquire land for RUGA settlement or cattle colonies in Benue State without the approval of the Benue State government is null and void.

The judge granted an order nullifying every action or decisions taken to establish RUGA Settlement or cattle colonies for herdsmen in Benue State.

Justice Olajuwon further issued an order of perpetual injunction restraining the Attorney General of the Federation, the Federal Ministry of Agriculture, The Minister of Agriculture, their agents, privies, servants or whosoever from making any attempt to hold, administer, use or allocate land in Benue State for RUGA settlement, cattle colonies or any other purpose contrary to the 1999 constitution, the Land Use Act and the Open Grazing Prohibition and Ranches Establishment Law 2017.

The judge held that by section 1 of the Land Use Act of 1978,ownership of land in any state of the federation is vested on the governor of the state,and only the governor has the right to grant statutory right of occupancy to any person.

Reacting to the judgement, the Attorney General and Commissioner for Justice, Benue State, Barrister Michael Gusa described the judgement as sound, as it complies with the rules and norms of democracy.

He added that the policy of the federal government to establish RUGA settlement and cattle colonies is late, as Benue state already has the Open Grazing Prohibition and Ranches Establishment Law 2017, which Governor Samuel Ortom sees as the only solution to the killing of farmers by herders and is adjudged as the global best practice in animal husbandry.

The Attorney General and Commissioner for Justice and the Benue State government filed the suit against the Attorney General of the Federation, Ministry of Agriculture and Rural Development and the Minister of Agriculture, seeking the interpretation and determination of their rights as enshrined in the 1999 constitution and Land use Act.