PREFACE
It gives me much pleasure to write the Preface for this book upon the specific request of the Author. The title of the book, namely:-
“Legal Framework for Animal Rights and Game Management in Nigeria
is derived from a combination of the two titles of the Author’s long Essays for his first and master’s degrees respectively.
The first Essay:-
“A Critical Appraisal of Animal Rights in Nigeria
“Legal Framework for Game Management for Renewable Energy under Nigerian and International Law” was written in 2003.
In 1990, as a first year undergraduate at the Obafemi Awolowo University Ile-Ife , Nigeria
As I read the draft of the text, I was impressed with the author’s extraordinary and sustained interest in, and sensitivity to animal rights, his total commitment to, and compassion for the protection of wild life, and their natural habitat. Thus, for him, the concept of animal rights is not a laughing matter.
The author emphasizes the different roles designed by God for all His creatures on this planet Earth – which, so far as we know now, is the only abode for human beings and animals. Indeed, anyone with such a stupendous interest in the subject-matter must also love nature passionately. The author’s deep concern for the survival of the environment and all the natural resources therein, is unmistakable.
Anyone reading the book cannot, but be impressed, by the intensity of the author’s passion for, and his depth of knowledge or the subject matter. He relied “in extenso” on local, foreign and international laws, Conventions, Declarations and decided cases. That global approach is highly commendable because, regardless of what anyone might think or say, we have only one environment and there is only one world for all of us. Thus, the book is of world relevance, even though the main thrust is, understandably, on the Nigerian situation and experience. Consequently, all environmentalists should find the book instructive, and germane to their conservation efforts to promote sustainable development in order to save the ecosystem from irreversible damage and halt loss of habitat.
The book draws the reader’s attention to the responsibility of individuals and governments towards animal rights and game management. He was at pains to distinguish between tame or domesticated animals (“domitae or mansuetae naturae”), and animals of a wild nature (“ferae naturae’), and, in that context, what our attitude towards each class should be. He also dealt with the revenue and other benefits derived from the earth’s natural resources. Indeed, people and animals are better served from a benevolent attitude to, and treatment of animals. In Chapter 2, on page 44, the author warns human beings against mistreating animals so as “not to incur the wrath of Allah for not protecting what Allah has entrusted to us”.
It is noteworthy that, although the author is of the Islamic faith, he was quite comfortable to quote quite copiously from, and rely on, both Quranic and Biblical pronouncements in support of his postulations. I dare say that nature belongs to all faiths! It could be assumed from the text of the book, that the author prefers the theory of God’s creation of the universe to that of Darwin
“Hurt not the earth, neither the sea, nor the trees …”
The author refers to the close attachment of Africans to their land which is their source of food and water. It is imperative therefore that the earth must be protected. A profound African “dictum” says:-
“The earth was not given to us by our ancestors, but loaned to us by our children”.
The essence of that statement is to remind us that we are trustees of the land – the environment – for future generations. Consequently, the devastating floods in some parts of the world including Nigeria London
It was quite interesting to read about the killy – loo bird on page 38 thus:-
“… a killy – loo bird which flies forward, but looks backward makes an easy explanation of the doctrine of judicial precedents in the study of law. This principle has been likened to the bird by some eminent jurists”.
Really amazing stuff!
The author is convinced that humans have a lot of learn from animals and has used the 2005 “Tsunami” disaster in South East Asia as an illustration. On page 249, the author refers to a report by the Cable News Network (CNN) thus:-
“… The CNN further reported that the wild birds were first to head for higher ground long before the seas hit the land. The birds perched on the high trees on the highest ground on each particular island, towering high above man’s impertinence to the impending calamity.
All the other wild animals took their cue from the birds and headed for the highest ground …”
According to the report, no wild animal was a casualty of the Tsunami!
The author also treats the ownership rights of a federal government and state governments in relation to the earth’s natural resources in the sea, land and air. Concerning the “locus classicus” case* of the Attorney-General of the Federation v Attorney-General (Abia) & Ors., on “Resource Control”, Oludayo Gabriel Amokaye, in his Paper,** observed “inter alia” thus:
“The decision in this case though (sic) provides more revenue and power for the federal government from offshore oil resources; it equally imposes corresponding, though subsidiary, environmental obligations on the federal government. Some of these corresponding environmental obligations that would confront the federal authorities in the exercise of its expansive sovereignty over the offshore resources include, but not limited to sustainable management of marine ecosystem, pollution control arising from offshore oil explorative and productive activities, wetland management, criminal enforcement of offshore environmental crime and other ancillary international environmental obligations”. (emphasis mine).
Of course, a judicial decision of the apex court with such fundamental and monumental impact on a nation’s natural resources, as a source of revenue, must be controversial. It remains so.
In Genesis 1:26 it is written thus:-
“And God said: Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over the earth, and over every creeping thing that creepeth upon the earth”.
Although God generously gave man dominion over the earth, man must hold that right sacred. We owe it as a duty to God not to mismanage or desecrate God’s inestimable gifts. We must live in harmony with the animals by respecting their rights and avoiding cruelty to them. Certainly, our fate is irretrievably bound to theirs. It is therefore obligatory for us to teach our children to be kind to animals.
By way of an example, it is cruel and indefensible to engage in any sport in which animals, e.g., dogs fight each other until one surrenders or is killed by the other, for the entertainment of sadistic people. Article 1(c) of the United Nations (UN) Declaration of the Rights of Animals 1978 forbids such sport and/or entertainment. The Declaration also declares “inter alia” that “all animals are born equal and they have the same rights”, which must “be respected”, and “Man, like the animal species, cannot assume the right to exterminate other animals which they should protect”.
In 1992, the United Nations held the world UN Conference on Environmental and Development (UNCED)* in Rio de Jenairo. All Environmental issues were thoroughly canvassed and a document – “UNCED Agenda 21” – was produced by that global Earth Summit. The goals stated in the document were designed to empower men and women to create a healthier planet for all generations. That Conference introduced the term “sustainable development” into the world lexicon. Governments and Non Governmental Organizations (NGOs) sensitive to the environment would do well to retrieve their copies of the Report from their office shelves and cabinets, dust off the cobwebs and implement Agenda 21. This book should remind us of the UNCED goals to save the environment from further pollution and degradation.
Our current traumatic experience in the Delta Region of our beloved country imposes on us a national imperative to reverse the horrific ruination of the environment caused by oil exploration and exploitation for more than five decades. Indeed, Section 20 of the 1999 Constitution of the Federal Republic of Nigeria provides as follows:-
“The State shall protect and improve the environment and safeguard the water, air, land, forest and wild life of Nigeria
Two of the important Nigerian statutes enacted under the Constitution, to protect the environment are:-
· the Federal Environmental Protection Agency Act 1988; and
· the Environmental Impact Assessment Act 1992.
The provisions of the Constitution, and all the legislations promulgated thereunder, must be enforced more robustly for a more congenial environment.
Our mode of transportation and slaughter of animals is a scandalous example of the total disregard of people towards animal life. Laws must be enacted and enforced to regulate the number of cows loaded anyhow into a lorry. The lamentable suffering of those animals, who are twisted and strangled with ropes while crushed and cramped in the back of a vehicle is a sad commentary on our nonchalant attitude to animal rights. The actual method of slaughtering is inhumane. It should not be so. An animal can be stunned with a stungun and, when unconscious, then humanely killed with sharp knife. The callous and insensitive treatment of animals also dehumanizes the butchers and other slaughter house workers. A human being who slaughters an animal in a cruel manner, without any feeling for the hapless creature, has shut down his own conscience.
The author has produced a resource material, not only for all environmentalists, but also for governments, the entire legal profession and all who care for our one and only Planet Earth.
I so recommend it.
Dated this 6th day of September 2007
Chief ‘Folake Solanke SAN
Legal Practittioner
LLD (“honoris causa”)
* 2002 6 NWLR Part 764 p.542
** “Sovereignty and Jurisdiction Over Offshore Natural Resources in a Federal State: A Case Study of Nigeria” being a Contribution to the book: Current Perspective in Law, Justice and Development in honour of the Honourable Justice S.M.A. Belgore former Chief Justice of Nigeria edited by Adedotun Onibokun and Ademola O. Popoola. Page 265
* Earth Summit
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