Nuisance, Fulani Herdsmen and The Law By Olunlade Oluwasegun

Nuisance- is with agreement of most law students I know perhaps the most “crowded popular place” in the legal parlance that must be visited in the journey for an LL.B. This is so from its antique nature to its wide scope, numerous cases and various academic piece and pieces just to fit in the nuisance puzzle. I vividly recollect how long tort law classes became when the topic was taught, of course not due to indolence or laziness but for the lengthy notes and the different questions coming from all corners of the class; even from the back seats. Even the domestic use of the word by lay-men is ambiguous. Let me indulge you; when the class is rowdy the comment is “you people are a nuisance”, when you don’t enter your halls of residence early also it is “you are just a nuisance to this great school”, when parents wake up to the noise of the kids … well you know what the comment is. Fortunately for me, I don’t intend to chart the waters of the entire gamut of nuisance. The recent actions of the Fulani herdsmen trying to make their cattle graze on just about every open place regardless of the occupiers of such land across the country has moved my thinking to the tort of nuisance but only in the purview of the cowardly, dastardly, cannibalistic, unlawful, grave acts of these animal-walking heartless beings. Basically, the acts of these Fulani men as cause of nuisance is the main view of this write up and the swift and commendable action of a famous governor- (well what is the beauty of literature without suspense).

Before digging deep into the matter at hand, it is important to give a quick definition of nuisance itself. Nuisance in the general sense (Cambridge Advanced Learner’s Dictionary & Thesaurus) “is something or someone that annoys you or causes trouble for you. It can also be defined as an obnoxious or annoying, person, thing, condition, practice”. In the legal parlance, it is defined by the Black’s Law Dictionary as “that class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, either real or personal in a manner that substantially interferes with the enjoyment or use of another individual’s property”. Also it is defined as something offensive or annoying to individuals or to the community, especially in violation of their legal rights. Nuisance can be classed into private and public. The issue here is an aspect of private nuisance, this is because a public nuisance does not exactly affect an individual personally, but however the whole community whereas in private nuisance is an interference with a person’s enjoyment and use of his land. Examples of this include vibration or blasting that damages a house, pollution of soil and the obvious, destruction of crops. Clearly these Fulani herdsmen are guilty of these tort and while the humour part of me is saying “how can they possibly know what that means, they are Fulani herdsmen”, the white and black side of me is of the opinion that, “ignorantia legis neminem excusat” that is, ignorance of the law excuses no man. Even with the legalese aside, it is common sense, moral, right thinking, humanly to know that feeding the crops of another to your animals so they would not starve at the expense of the farmer is bad, I mean can they even spot the irony of that? Like it is not enough that the deadly horns of some these animals might cause harm and injuries to the farmers they carry guns(adding the offence of murder) along, ooh and not the beautiful guns of this age that kill you even before you fall to the ground (if the right target is acquired though), but old fashion kind of guns where after being shot, the victims have to stagger and writhe in pain of both the bullet wound and the sight of their farmlands getting served to the flock( the cattle and even the Fulani herdsmen). This has for a while been the fate of the residents of Enugu, Benue, Ekiti states etc. hundreds of people killed in cold blood, even more have been put in debts, a lot more battle starvation.
Reading the popular classicus on private nuisance case of St. Helen’s Smelting Co v Tripping (1965) 11 E.R 1483) where the trees and shrubs of the plaintiff were damaged by the fumes from the defendant’s industry I felt sorry because of course the plaintiff must have spent a great deal of time and money on the trees and shrubs but seeing and reading on the actions of these Fulani herdsmen I am devastated beyond expression for the loss of not just time and money but for lives, properties and food.

In the wake of these events various moves, talks, forums, conferences, bills and threats have been issued by the government and concerned stakeholders as well as the security operatives. While the weight of the response is not exactly adequate to answer the problem, it has been steady and almost commendable, after all a journey of a thousand miles starts with a step. Maybe in this situation not one step anyway but not so much too. However, as much as I would want to do more brain and literary engagement to pressurize the government, today, I would rather engage myself with commending the Ekiti State House of Assembly and of course one of my favorite Governors, Dr. Peter Ayodele Fayose popularly known as “osokomole” (I would leave the interpretation of that to the Ekiti people anyway) on the giant, promising step of signing the Ekiti State Open Grazing Prohibition Bill into law on Monday 29th August, 2016. Under this new legislation herdsmen are prohibited from grazing their cattle in areas that are not designated for grazing and forbidden from carrying arms. The law prescribes six months imprisonment without option of fine for any herdsman who violates the grazing prohibition while any herdsman found with arms will be charged with terrorism.

With the knowledge of this new legislation in one of the tagged “backward” states in Nigeria, i have been wearing a smile that is definitely bigger than any laughter of the Ekiti farmers. And rightly so because I was part of the Afe Babalola University (ABUAD) Law students who had a session with the Ekiti farmers and as a result I know what they have been through. I hope other state governors would learn from this giant stride Ekiti state has taken. While happy with these new law, I also share the same opinion with Mr. Femi-Fani Kayode, a man whose literary ability I admire that the six months imprisonment is small, as against his own opinion of a year I would say these herdsmen deserve more than that, yes! Dare call me wicked? The popular law phrase “sue the bastard” has never been so sweet, although in this case I would rightly say “charge the bastards”.


Olunlade E Oluwasegun.

*Segun also serves as the Speaker of the LSS Legislative House.

NIGHTS BEFORE OUR GREATNESS By Adeniyan Oladimeji, A Public Affairs Analyst with Jus Civile Chamber of LSSABUAD

     The question that has never cast a doubt on my conviction as a man or as what others see me as is this. “Am I different from you?”, “what makes me different from you?” At no point in my existence have I ever made that question eat up my reasoning. And this also applies to my generational people.
     I am Black and you are whatever colour you call yourself, even from your forefathers to your father, it has always been like that but in all this hardship I have always remained the good one.
     Our lives, my life started with a glorious outburst to the extent that we showed love to our enemies who were intent in breaking our morals and strong will with the name of it being immoral and using the words “REPUGNANT TO NATURAL JUSTICE AND FAIRNESS” “EQUITY”. Words they are sure our fathers’ wouldn’t believe or even bother to question. The fairness and natural justice is according to your definition, isn’t it? Their conversation went thus “what you all abominations think is moral is against the will of the creator of our society and the universe” and our reply went thus “”. They continued, noticing how numb we were “ if we whom are knowledgeable and vast in what the creators thinks, we will determine if your so called abnormal morals are not repugnant to natural justice and principle of fairness and equity” and our reply again went thus “”.    This I’m certain, angers their representative and their low self esteem pricked them to asking themselves “why are all they of the same colour and we are not?” “What is so special about them?” “What do they have that we don’t have?” “Why do they all live like there is no problem in their lives?” I bet you if we use the words “servants” they won’t have a clue about what we are saying and we would make them our servants.
     We became the Good Samaritan that was in their book which they brought to us but they couldn’t see it for themselves because of their blindness and deceitful spirit which has always been their motivator to what was in their book. We graciously submitted our will and time because our morality sees that as goodwill. They have successfully destroyed the definition of morality/immorality and we can’t go on using the definition that is being given in the book they brought. FRIEDRICH NIETZSCHE said “to be ashamed of one’s immorality is a step on the ladder at the end of which one is ashamed also of one’s morality”
      We were heaven and earth to our future generations but because of our goodwill, we were reduced to Lucifer and his angels. They made our future generation see us as abominations and paranoid set of barbarians who were of no good and usefulness but unknown to them, it was all a act to which the night and fight will continue until our David and Hitler will be born. Their saulish behavior was to them unnoticed by we the people of Damascus.
    We have always been dynamic, singular from them, stronger than them, mightier than them, greater than them and it is so evident that it needs no special judicial notice and certainly needs not be proved. Our greatness and strength or rather, our ever growing greatness and strength is been seen as a threat, as a ticking time bomb which they have never seen nor invented and it can’t be quenched but what better way to stop this rapid growth of ours. What ‘at the moment’ preventive measure can be taken so as not to be disgraced, destroyed and Shawn out of history. History that has always in the backroom supported and favored our courage and resilient aptitude to adversity despite our numerous defeats, defeats that knows no bound, that is what they think but unclear to them, that victory of ours which is long gone was lying in wait because at the moment, there is nobody to guide our future generation.
    We kept the birth of our David and Hitler hidden whom has to grow in strength and wisdom a secret even from our own people so as not to be distracted or pushed too quickly as to make a mistake.
    His growth, what we have to watch with utmost diligence and security so as to not wait another billion of lifetime.  

Nigeria and its Gun Saga

#OpinionPost

                                                                                         

When I was a kid at elementary stage, while going to school, I always stared at the "Gun-building" as I called it then for various guns were drawn all over the front view of the blue-colored apartment situated at the left Junction of Azikiwe road by west.

I had always imagined walking into the building & acquiring my own gun which I would use to do my "war start" with other street kids coz I was tired of my plastic guns with rubber bullets.

I had fantasized taking shooting lessons and marksman training at the building soon enough.

The fact that many men in my hood had guns and primarily two of my neighbours also had and also fired it occasionally to scare robbers or celebrate had put me in a position of keen interest to the acquisition & use of rifles.

Sadly enough, in my high school days, when kidnapping became the to-do-list & business of the day in my city, the FG had to clamp down on the acquisition & use of rifles by private citizens.

I can firmly beat my chest and say that there is no legal privately owned gun market or shooting range school in Nigeria.

That policy has still not been reversed till date.

In fact, the policy was quite a dubious & deliberate attempt by the FG to totally disarm the masses and prevent a futuristic revolution or forceful accountability.

Adolfus Hitler, the greatest military dictator ever to live once said; "To totally conquer a nation and consolidate rule, first disarm its citizens". This was exactly the first thing Hitler did before he began his campaign of domination and its proves extremely successful.

The second amendment of the constitution of the United States of America confers its citizens the sovereign & inalienable right to bear arms on the basis of survival, self-defense, natural right of resistance and

self-preservation and when the sanctions

of society and laws are found

insufficient to restrain the violence of

oppression.

The American, Swedish & swiss gun scholars has stated that the acquisitions, use & keeping of guns of guns by private citizens is in fact a positive impact on the growth & sustenance of democratic rule and ensures the prevention of tyranny & dictatorship.

Meaning that fear of private ownership of guns by the government keeps them in track & accountable to the people. That fear & knowledge strikes a balance of social contract & accord between the government & the governed and further ensures no breach of trust.

Is private ownership of guns the real problem in Nigeria ? Has placing embargo on private importation, ownership & use of guns solved any of Nigeria's terrorism problem, or kidnapping problem, or militancy problems, or armed robbery problems ??? The answer is NO !

Where do these renegades acquire their assault rifles & machine guns from ? Shouldn't that be the focus of the government !

No amount of amnesty programs will or arms embargo will solve these persisting problems we face as a nation.

-A new approach is needed !

A learned colleague of mine in Enugu once said to me; "Charles, the only way or probably one effective way to put corruption to an abrupt end is to " legalise corruption". At first, I didn't really get it or even concurred with her reasoning. But after much thinking & research on her assertion, I've come to accept her views but not necessarily accepting that all forms of corruption ought to be legalized.

However, my main focus here is the issue of guns, just like the 2nd amendment of the USA constitution stipulates, don't you think the citizens of Nigerians of full age & eligibility has the sovereign right to acquire & bear arms(with license) for their natural right to resistance against oppression, self-preservation, self-defense and so forth.

The CEO of the national Rifle Association, Wayne LaPierre has always stated that; "the only thing that can stop a bad guy with a gun is another good guy with a gun".

Since the Nigerian criminal law(substantive/procedural) empowers private citizens to effect arrests of suspected criminals at the spot. How then can such be effected if these citizens are extremely vulnerable and have no weapon of self-defense or survival.

Legalized but regulated ownership of guns will go a long way to reduce drastically, the criminal rate and criminal tendencies in this nation. More good than harm will be effected. The current situation of the country is a manifest reference to my perspective.

The right to survival is not granted by the state. It is an inherent/inalienable right given by God and to be expressed forthwith in accordance with the rules of the state/morality.

Every citizen is a police officer by morality an has the mandate by law to act in parameters of an officer by law in such absence and to had over the case & suspect to the nearest police man by law or station. This is a democracy not an autocracy !

The thousand innocent/vulnerable people that have died as a result of the gun-fire by Fulani herdsmen, armed-robbers, kidnappers, boko-haram and so forth could have been reasonably averted if these victims had their weapons of self defense & survival.

Considering the fact that the security agencies & government is not doing enough or absolutely nothing to guarantee the safety of its citizens.

I strongly believe in the reformation of the FIREARMS ACT and the expansion on the legality of the kinds of guns to be acquired & used by all eligible private citizens for the sake of humanity, survival, preservation of lives & properties. Thank you !

                   -UCHE Charles E.

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