An open letter by Professor Sebastian T. Hon (SAN, DSSRS) to Governor Hyacinth Alia
Preface
I personally refused to watch your media chat of Thursday, 10th April, 2025. The reason was plain enough: I was strongly persuaded in my spirit that you would not raise the hope of, let alone console, your subjects on the security situation in the State you are governing. My suspicion and hunch came to be true when I later watched it! What a sad day for the people of Benue State!
It was Khalil Gibran who once said “You talk when you cease to be at peace with your thoughts.” I cannot, as a Lawyer of this height (with all sense of humility and responsibility) be silent and allow your wrong opinion on the ECOWAS Transhumance Protocol to go unchallenged. Proper consultation would have made you avoid that area, even if you would want, as you have clearly shown, to take no single interest in protecting the lives of the Benue people.
Your interpretation of the ECOWAS protocol is wrong
First of all, the Protocol was the product of the 21st Conference of Heads of States of ECOWAS countries, reached in 1998, not 1978, and registered as “Decision A/DEC.5/10/98.”
Secondly, contrary to the deliberately wrong information passed by you at the said media chat that the Protocol willy-nilly permits the movement of cattle in the West African Sub-region, the following provisions of the Protocol created preconditions for such movement:
(a) Article 3, while granting such right of movement, states that such movement shall be subject to “the conditions set out in this Decision.”
(b) Article 5 then sets the conditions for such movement in the following words:
Article 5
“All transhumance livestock shall be allowed free passage across points of entry into and departure from each country on the condition that they have the ECOWAS International Transhumance Certificate, a sample of which is annexed to this Regulation.
The aims of the Certificate are:
- to enable authorities to monitor the herds before they leave the country of origin;
- to protect the health of local herds;
- to make it possible to inform the host communities of the arrival of transhumance animals.
The Certificate contains details on the composition of the herd, the vaccination given, the itinerary of the herds, the border posts to be crossed, and the final destination. It is issued by the livestock department and initiated by the local administrative authorities in the country of origin.”
Drawing from the above, I openly challenge you or any of those herders you are so eager to protect to show to the Benue people EVEN A SINGLE CERTIFICATE issued to any of those herders to embark on transhumance. Remember to also show to the Benue people whether any such Certificate (if any) has satisfied the following conditions:
(a) Has stated the composition of the herds of cattle that are thronging Benue State and indeed Nigeria;
(b) Has indicated the vaccinations given to those herds;
(c) Has shown in clear terms the itinerary of those herders in Nigeria generally and in Benue State particularly;
(d) Has shown the border posts crossed into Nigeria and the final destination of the herders and their cows; and
(e) Has shown the country of origin, to enable facts about the issuing authority to be verifiable.
In addition to the above, Article 6 of the Protocol requires that the said Certificate in question “shall be verified and counter-signed by the competent authorities at the entry and exit points in the host country.” I will, therefore, require you to point out where any “competent authority” signed any such Certificate (if any).
Not yet done, Article 7 mandatorily provides as follows: “Transhumance herds shall follow the routes defined by Member States in accordance with the itinerary indicated on the ECOWAS International Transhumance Certificate.” My Governor, I hereby humbly request you to prove that ECOWAS Members States, including Nigeria, have designed the routes followed by these herdsmen! I BOLDLY STATE TO YOU THAT NO SUCH ROUTES HAVE BEEN DESIGNATED TO DATE! PROVE ME WRONG, IF YOU CAN!
Another provision is Article 9, which provides that, in addition to other sanctions provided in the laws of host countries, “herds not covered by a Certificate shall be placed under quarantine and the costs borne by the owners.” This means that those cows are supposed to have been quarantined on your orders, not the other way round, Mr. Governor.
Article 12 requires herdsmen to be in possession of ID papers “duly signed by the competent authorities in their countries of origin.” Also, Article 13 provides that stray animals must be apprehended and impounded.” Have we not had instances of those animals straying into farmlands in Nigeria at large and in Benue State in particular? Have you ordered for the apprehension and impoundment of any of them? Where are the ID cards of those herdsmen?
To show you that you are thoroughly wrong in your assertions, I will hereby quote verbatim the provisions of Articles 14, 15 and 16 of the Protocol:
“Article 14
Each host country shall fix the period during which migrating livestock may enter into and depart from its territory, and inform the other States accordingly.
“Article 15
Each State shall define the areas where transhumant animal may be stocked and shall determine the maximum, capacity of each zone thus identified. The accompanying herdsman must pen up his herd in the zone of which he is directed by officials, at the point of entry.
“Article 16
Herdsmen accompanying transhumant livestock and who are legally admitted into the host country shall be given protection by the authorities and their fundamental rights shall be guaranteed by the judicial institutions of the host country. In return, such herdsmen shall observe all laws and regulations of the host country, particularly those concerning the conservation of forest reserves and forest resources and the management of watering points and pastoral land.”
Has any of those conditions been met by these your friends? Haba, Your Excellency!
Let me inform you, if you are not aware, that till date, none of the contracting parties to the Protocol, including Nigeria, has satisfied EVEN ONE OF THOSE CONDITIONS, including issuance of the Transhumance Certificate, which is the fons et origo (source) of all those other conditions listed above. In other words, neither the primary condition (issuance of Transhumance Certificates) nor the secondary conditions (all the other conditions listed above – as provided for in the Protocol) has been satisfied by the ECOWAS Member States! CONTRADICT ME ON THIS, IF YOU CAN!
Consequently, the said Protocol is, till date, a sleeping document that is yet to be implemented! Counter me on this, my Governor!
The African Charter is superior to the Protocol
Even if the said Protocol had come into force (which is not true), its provisions, under public international law, would be inferior to those of the African Charter, which is a Regional (African) legal document – if there are conflicts between the two documents. The Protocol is a mere sub-regional document. Confirm this with your Lawyers.
Nigeria is not just a signatory to the African Charter, 1981, but has also domesticated its provisions, pursuant to section 12 of the 1999 Constitution as amended. The domesticated version of it is known as the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, LFN 2004. By the provisions of section 12 of the 1999 Constitution as amended, therefore, the provisions of this Charter are enforceable and indeed have been enforced by Nigerian Courts.
Now, the following Articles of this Act (Charter) are on a collision course with the so called ‘free movement of cattle in the West African Sub-region,” namely:
(a) The right of ‘every individual’ to “be equal before the law” and also to “be entitled to equal protection of the law;” vide: Article 3 of the Charter. The fully armed herdsmen see themselves as superior humans to the sedentary farmers. Indeed, they see their cows as being superior to human beings!
(b) The right of ‘every human being’ to “be entitled to respect for his life and the integrity of his person;” vide: Article 4 of the Charter. How can we, in the face of the wanton killing of farmers, be said to be protected by this provision?
(c) The right of ‘every individual’ “to the security of his person;” vide: Article 5 of the Charter. Are we enjoying security in Benue State, particularly in view of the activities of these your friends?
(d) The right to property, which may only be encroached upon “in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws;” vide: Article 14 of the Charter. Are the various acts of encroachments carried out by the herdsmen done “in the interest” of the Benue Communities?
(e) The right of ‘all peoples’ to be equal; for them to “enjoy the same respect and… have the same rights;” and the non-justification of “the dominion of a people by another;” vide: Article 19 of the Charter. This is self-explanatory, my dear Governor.
(f) The right of ‘all peoples’ to freely dispose of their wealth and natural resources; vide: Article 21 of the Charter. Farmers in Benue cultivate their lands not just to feed but also to sell (to dispose of their wealth). Is this still possible with the armed invasion by herdsmen and pillaging of those investments by the farmers?
(g) The right of ‘all persons’ “to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind;” vide: Article 22 of the Charter. This is also self-explanatory, my Governor.
(h) The right of ‘all people’ to “a general satisfactory environment favourable to their development;” vide: Article 24 of the Charter. Is the presence of the herdsmen in Benue State aiding or hampering our development as a people?
In further response to arguments about the so called freedom of movement of the herders, I hereby refer you to the provisions of Article 12 of the African Charter, which cover both internal and external migration or movement. It provides as follows:
“Article 12
- Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.
- Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health and morality.”
Conclusion
The Benue people elected you. You are under duty to protect them. Indeed, you took an oath on the day of your inauguration to do so. Why are you shirking from this solemn duty?
Please, retrace your steps now! Your subjects are dying for no just cause.
I am yours truly,
PROF. SEBASTINE T. HON, SAN, DSSRS
