You can't send herders out of forest reserves, FGN tells Aketi.

Is the FGN right?

Before I go into today's discourse on the follower-leader nexus, I shall provide answers to this and more later this morning.

Good morning from the sanctum sanctorum of the shrine

Here I go.

Is the FGN right when it said that the Governor of Ondo has no power to order herdsmen off the forests of Ondo state?

Every lawyer who specialises in environmental/conservation/forestry laws would laugh off the statement of Shehu Garbage for what it is: jejune

If Mallam Garbage had read the Constitution 1999, Forestry Law of Western Nigeria, as applicable in Ondo state, National Forestry Policy 2006, or paid attention to the management of our forests since 1952, he would have known that only Governors, pursuant to state laws, have

the powers to direct, manage and protect forest and forest resources of their states. He should've known, even at the national level, that the power of the Ministry of Environment can only be exercised over policy. The National Forestry Policy 2006 grants

Governors the power to protect our forests; and they exercise this power by delegating it to "olopa Igbo"- forest police/guards.

Mallam Garbage should read the National Policy- It is a comprehensive document on policy of state

However, is Aketi justified in ordering herdsmen out of Ondo forests?

My answer is yes.

First, let's be clear about the extent of the powers of Aketi protected under the powers granted by Item 17 of the Concurrent List of the 1999 Constitution 1999 to Ondo State HoA

to make laws on "agricultural development", to protect citizens and property under S.14 of the Constitution 1999, and to manage natural forests and plantations in manners that are consistent with the laws of Ondo state. Let's be clear, the states own all forest reserves,

formulates and implements forest policies and manages all forest activities, including the protection of ancestral and communal groves which often fall within protected reserves in many states in southern Nigeria. FGN powers only extend to the 8 national parks. No more

The forest laws of states are clear on usage, trespass and residence within protected forest.

To trespass on forest reserves and to reside in forests without obtaining license/permission are punishable offences under the states laws.

When herdsmen move into forests- some belonging to communities as communal land, or as ancestral land or groves, - without obtaining permit as directed by law, they become trespassers under the law. To occupy these forests constitutes residence and it is offensive to law

The order to vacate the forests doesn't offend S.41 of the Constitution 1999- Right to freedom of movement. The order has not deprive the herdsmen the right to move freely and to reside in Ondo state.
In fact, S.41 (2)(a) protects the action of Aketi, having reasonably

suspected the herdsmen of committing criminal offences - destruction of farmlands, kidnapping, armed robbery, etc.

Herdsmen can still have access to the natural forests if they avail themselves the permit process under the law.
They can acquire and own the forests

if they so desire by approaching the appropriate authorities under the law. The right to acquire and own immovable property is guaranteed by S.43 of the Constitution 1999.

Mallam Garbage and Miyetti should understand this! Not threat and blackmail.

However, the natural forests of the south, particularly in Ondo and Cross River states, need protection as natural heritage and revenue resources. We have no business dealing with unemployment in the shambolic way states are doing now. With over 44, 000km of forest areas

down south, imagine the number of employment modern protection of forests will generate and the revenue streams that will be protected. Today, if the herdsmen arent't securing the forests for evil, Chinese are illegally felling trees and deforesting countrysides

Finally, I worry about the increasing stupidity of our public servants; I worry about the hollow knowledge these public servants bringto bear on public policies; and above all, I worry about the way directive principles of state are now ethnically framed by Garbage and his kiths

The public good game recognises the contributions of every identifiable segment to the common pool, and when multiplied by an agreeable factor allows all to have their determinate shares. No country grows when segments that bring nothing to the pool always want the lion share

Unfortunately, big ideas, theory and thinking aren't what drives governance in our country today; it is the stupidity of the few who deigns to do the stupid always.

Good afternoon from the holy of hollies of the shrine