Benue Development Forum (BDF) has drawn the attention of the federal government to a subsisting judgment of the Federal High Court restraining it from allocating land belonging to the state for the establishment of Ruga settlement, cattle colonies or any other purposes contrary to the Land Use Act, 1978 and the Open Grazing Prohibition and Ranches Establishment Law 2017.
The group’s president, Comrade Terrence Kaunum in a statement yesterday in Abuja, contended that until the said judgment is set aside, the Federal Government will be acting in contempt with its plans to construct houses in the state for the Fulani Community.
TheposIts position of the group is sequel to the announcement by Vice President Kashim Shettima at a public function in Maiduguri, Borno State that President Bola Ahmed Tinubu had approved the construction of 1,000 houses in Sokoto, Kebbi, Katsina, Zamfara, Kaduna, Niger and Benue states with all the ancillary facilities of schools, clinics, veterinary clinics and ranches for the Fulani community.
In the judgment in reference, the Makurdi division of the Federal High Court had declared the Federal Government policy, plan or proclamation to establish RUGA settlement and cattle colonies in Benue State as unwarranted, unlawful and unconditional.
Delivering judgment in a suit No: FHC/MKD/CS/56/2019, filed by the State Government, Justice Mobalaji Olajuwon 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.
Listed as defendants in the suit are the Attorney General of the Federation (AGF); Federal Ministry of Agriculture and Rural Development and the Minister of Agriculture and Rural Development.
Justice Olajuwon 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 of the Federation, the Federal Ministry of Agriculture and Rural Development, the Minister of Agriculture and Rural Development, 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 (LUA) and the Open Grazing Prohibition and Ranches Establishment Law 2017.
The judge held that 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.
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