Court Declares RUGA, Cattle Colony Illegal, Unconstitutional

February 3, 2020

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

Justice Olajuwon, in her judgement, declared that any move by the federal government to compulsorily acquire land for RUGA Settlement or cattle colony in Benue State without the approval of the Benue State government is null and void.

The suit was filed by the Attorney General and Commissioner for Justice Benue State, Barrister Michael Gusa against the Attorney General of the Federation, Federal Ministry of Agriculture and Rural Development and the Minister of Agriculture.

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

The court further issued an order of perpetual injunction restraining the Attorney General, 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.

Justice Olajuwon also 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.

Commissioner for Justice, Barrister Michael Gusa described the judgement as sound, as it complies with rules and norms of democracy.

He said when Governor Samuel Ortom assumed office innocent people were killed by herdsmen as the Governor saw the enactment of the Open Grazing Prohibition and Ranches Establishment Law as the solution to the killings and the global best practice in rearing cows.

He added that the policy of the federal government to establish RUGA settlement and cattle colonies came late, as the state already has the Open Grazing Prohibition and Ranches Establishment Law 2017.