PROFITABLE PARTNERSHIP IN THE PROMOTION, ENHANCEMENT AND CONSOLIDATION OF THE BEAUTY OF NATURE: A CASE STUDY OF ANIMAL RIGHTS IN NIGERIA-CHALLENGES AND PROSPECTS.
First, I wish to express my profound appreciation to the organisers of this togetherness for giving me this wonderful privilege to deliver a lecture on this auspicious occasion at the instance of the Nigerian Fields Society.
I voluntarily confess that I am very much humbled. My coming here today has been encouraged and prompted by Her Majesty Chief (Dr) Mrs. Folake Solanke SAN, the first woman to be elevated to the prestigious rank of Senior Advocate of Nigeria and my distinguished Principal, Prince Lateef Olasunkami Fagbemi SAN of Temitope Chambers, where I have been practising as a solicitor and Advocate of the Supreme Court of Nigeria.
Without the support of the eminent legal icons mentioned above, my appearance before you today would not have been possible. I appreciate them.
Once again, I wish to thank the organisers of this lecture for their refusal to put my reasoning faculty in the cage, leaving me to find my way out of mental detention. By this I mean, that the organisers have not imposed on me any topic for discussion, meaning that they want me to make my own contribution to the forward march of this great society without being”doctored”. I am grateful to them for that.
My choice of the topic was informed by the simple truth that all humanity belongs to Nature. Nature, in this effort would refer to two words, that is, creations and the creator. It is also my considered opinion that the main focus of the Nigerian Fields Society is the promotion, enhancement and consolidation of the beauty of Nature.
In the professions, the engineer talks about instruments and structures. The lawyer talks about the rule of law, while medical doctors engage themselves in direct dialogue with ailments and diseases. All these professional jargons are only understood and fully appreciated by the professionals. This interactive session will be devoid of jargons. If there are at all, they will be jargons of Nature-Beauty and Welfare.
The word Nature encompasses all our lives and living, which we can feel, and touch and, individually or collectively pass judgments on any consequential impact on it.
Before going into the rights of our lower neighbours, it is imperative to fully appreciate the fact that God loves Animals as much as Man.
Again, when, God asked Prophet Noah to build an ark to save the righteous ones from the peril of the flood resulting from forty days, forty nights of continuous rains, animals were among those Noah’s ark saved in their various species.
From the foregoing, it is clear that animals are not only our lower neighbours to be protected, admired and loved with passion but should also be seen as an important stakeholder in the profitable partnership in the promotion, enhancement and consolidation of the beauty of Nature.
In fact, when God handed the law of the Sabbath, animals were included in the list of those who are not to work on the Sabbath day, according to Exodus, Chapter 20, of the Holy Bible.
This human angle approach to the issue of Animal Rights may sound emotional or dogmatic, the aim is to see, if, by understanding the degree of contributions made by animals to the welfare and sustenance of humanity, our mindsets will be positively touched to reverse our wickedness to, and abuse of animal lives on earth.
In the days of Abraham in the Bible and as a cattle rearer, he would only settle down in any place where their was water, and enough green to feed his cattle. Today’s herdsmen are mere wanderers which makes it possible for their herds to trespass farmers’ land and destroy food items because they were not properly catered for.
This has on many occasions resulted to litigations and terrible clashes between farmers and herdsmen. If, because of the lowliness of animal nature, we detest them and deny them their rights, it is only fair we take care of the animals because of the immense benefits man derives from the animals.
On the spiritual levels, animals, live or dead are indispensable in the preparation of traditional health –care delivery such as herbalism and spiritualism. The furs, the flesh, bones, feathers and beaks of beads are indispensable to the humanity’s welfare. Why, therefore, should we be so passive to the welfare of those who make our environment habitable and pleasant? Why should we relegate the matters affecting the welfare of animals to the background when in fact, Man was created When All Things Are Ready-(WATAR).
This means that the creation of man was deliberately delayed to ensure that what man would need to live well and to be in reasonable control of the environment were created first. Is it not an un-usual favour to man that he has to be lording things over his senior creatures!
The problems confronting animals, birds and all manners of creeping reptiles and etc are many. Most pronounced of the problems is the abuse of the animals through callousness and indifference to their wellbeing, such as difficult husbandry, in discomforting environments and painful killings to enrich our own lives by the several millions of kilograms of fats and calorie derivable from their flesh.
Let us see the above and more as we can personally identify as a thing of the past. In doing this, we shall move from the profitable partnership in the promotion, enhancement and consolidation of the beauty of Nature to next level, where I hope to examine the whys and wherefores and make attempts to find solutions to some of the abuses of our nature and our natural environments.
It must be emphasized here that the Nigerian Fields Society has crucial roles to play in this all-important endeavour. It is not even too much for the Nigerian Fields Society to partner with all relevant NGO’s and humanity focused organistations across the country to sponsor bill on Animal Rights in the National Assembly. If at any time it comes to this level, I can assure you that my mentors and role models in the Legal Profession like Chief (Dr) Mrs. Folake Solanke SAN and Prince Lateef Fagbemi SAN will not be found wanting in stretching their professional hands of fellowship to support this noble cause.
But there is something that is very important-that is, our mindsets must change from the present state, where animals are regarded as no man’s business.
To ensure a peaceful, comfortable and habitable environment, it is the duty of all of us. This is what leads me to the next level of this lecture-Animal Right in Nigeria
This lecture basically centers on what Animal Rights is all about and in peculiar circumstances of our great country Nigeria
Animal ordinarily needs not be defined or explained but for the purposes and scope of this lecture, it suffices to state that they are our lower neighbours with peculiar classifications into bovidae, ungulates, primates, avians, mammals, reptiles, rodents, insectivores, amphibians, carnivores.
The classification creates no disparity between domestic and wild animals, the latter being the progenitors of the former. It is interesting to note that animals such as eland, emu, and water buffalo known to be in the wild have started undergoing domestication with good prospects of improving the livestocks.
It is convenient at this stage to make allusion to Nigeria Nigeria
Animal right is not a recent phenomenon; it has always been in existence right from the pre – colonial Nigeria
In Ghana
Developed countries had their own fair share of antecedents or origin of animal rights peculiar to their respective societies, which experiences developed over a period of time and culminated into what is now known in modern day as animal rights.
Animal right took a systematic and more polished dimension when in 1977 the bill of animal rights was sponsored by International League of Animal Rights and affiliated National Leagues in the course of an international meeting on Animal Rights, which took place in London between the 21st – 23rd September 1977.
On the 15th day of October, 1978, United Nations Educational, Scientific and Cultural Organistation the UNESCO at its House in Paris
The applicability of this international treatise in Nigeria is not negotiable having regard to the country’s membership of the United Nations Organisation and the dictates of our legal order as amply stated in the immortal judicial pronouncement of per Uwaifo J.S.C at pages 342 – 343 paras F – D in the case of Abacha V. Fawehinmi – (2000) 6 NWLR Pt 660 P. 289 thus:
“It seems to me that where we have a treaty like the African Charter on Human and peoples’ Rights and similar treaties applicable to Nigeria, we must be prepared to stand on the side of civilised societies the world over in the way we consider and apply them as part of our laws. To my mind, this remains a valid attitude whether in military or civilian government. This will necessarily extract from the judiciary, so much in a military regime, its will and resourcefulness to play its role in the defence of liberty and justice. The judiciary must not be seen as assisting those who step on liberty and justice to effectively press them down, of course, if its role is completely taken away or abrogated in any particular situation; it will be obvious that no blame can be laid at its door for the infraction of human rights and liberties in question in any given situation. I subscribe to every view which supports the attitude that we cannot afford to be immuned (SIC) from the progressive movements manifesting themselves in international agreements, treaties, resolutions, protocols and other similar understanding as well as in the respectable and respected voices of our other learned brethren in the performance of their adjudicatory roles in other jurisdictions..”
The striking similarities between the African Charter on Human and People’s Rights and the Animal Rights are that both advocate rights in its holistic form and their applicability in Nigeria Nigeria Nigeria Nigeria
The efficacy of animal rights in the context of this lecture is considered in terms of avowed insensitivity of a sizeable proportion of the Nigerian population to the respect of these rights and the various tiers of governments’ passivity or inaction towards setting up machinery for the enforcement of the abound animal rights related statutes.
The shameful compromise and regrettable collaboration between the cow owners and abattoir operators in the handling and transportation of cows portend a paradigm of highest level of orgy of soulless cupidity which monster our legal order cannot adequately arrest, having regard to the limits of both the criminal and penal codes in terms of the scope of their application on cruelty.
Both section 495 of the criminal code and section 207 of the penal code applicable in the Northern part of the country make seemingly comprehensive provisions on cruelty to animals but these cannot adequately forestall the dastardly acts of trusting and strangling of cows with ropes while crushed and cramped in the back of a space less vehicle as well as holding upside down a hen in their movement from one place to another, having regard to the peculiarity of the laws being ones regulating criminal offences.
The fundamental requirement of the criminal law is that the offence must be specifically created by law. In other words, the acts complained of must be expressly stated in the statute book as constituting an offence and unless it is expressly created, the act attracts no sanction.
Unfortunately, the savage and cruel manners in which the cows and chickens are handled are alien to our criminal law and the interpretation principle of ejus dem generis rule cannot be imported into the criminal laws to expand the scope and contents of the provisions of the aforesaid sections of the laws.
Unless the laws are amended to incorporate these dastardly acts with severe punitive sanctions, the butchers and slaughter house workers who have shut down their conscience will continue in their callous treatment of animals because one who has done one contemptible thing to benefit himself will do another, if necessary, in order to carry out and complete he object he has in view.
Worse still, the entire Nigeria Nigeria
On the part of government, the situation of animal rights is more pathetic which problem I find difficult to pigeon – holed under a particular cause, that is, whether it is due complete ignorance or insensitivity. To explain this, I call in aid my personal experience and efforts of righting the wrongs meted to hapless creatures.
Recently, the Quarter final of the 8th Edition of the National Ram Sport Competition was organized at Olubadan Stadium, Iyaganku, Ibadan
In a bid to forestall the ram fight which fell on a Sunday, I had two options, one was to protest to the Oyo State Sport Council and threatened a complaint to the police for investigation and prosecution of the perpetrators of the criminal act of ram fight failing which I would be left at the mercy of the Honourable Attorney General and Commissioner for Justice to grant me fiat to prosecute the offenders.
The other option which appeared plausible was to file an action in court and seek for an injunctive order restraining the perpetrators from staging the competition which option I could not pursue due to time constraint as I had less than 24hours to lay my hands on the poster wherein the notice of the competition was advertised to the public.
The entire parties to the competition too were hostile to me until I got somebody among the organisers of the competition who shared my sentiments against the organisers and sent a copy of the poster to me on Saturday, when I could not do anything meaningful with it and the quarter final of the ram fight accordingly took place with the collaboration of the police who provided security for them throughout the duration of the competition.
The way these rams are maltreated in the name of sport is pathetic and dehumanizing. Performance-enhancing drugs are administered on the animals and whilst the effect of the steroids administered lasted, the rams sustained serious injuries on their forehead and to horns and the unlucky ones lost their lives in the process-all in the name of ram fight.
In developed countries where such dastardly act is peculiar to bull fight competition, for example in Madrid , Spain
The gist of the aforesaid events is that the relevant government agencies and law enforcement agents like the Oyo State Sports Council and the police who are supposed to be abreast of the law guiding their duties and responsibility are unfortunately ignorant of the fact that ram fight is a criminal offence. In the first place, the Oyo State Sports Council ought not to have registered ram fight as a traditional sport for reason of illegality and criminality. On the other hand, the police who provided cover for them ought to have realised that they are parties to the conspiracy. In any event, ignorance of law is no excuse.
However, this abyss of confusion is understandable as a reflection of the contagious negative effect of the insensitivity to the animal rights by the larger society. The struggle must however continue to let the relevant government agencies see reason in not recognising or declassifying ram fight as a traditional sport so much that the Association’s object clause relating to ram fight should be struck off by the Corporate Affairs Commission if registered under the Companies and Allied Matters Act.
The above gives a vivid account of some of the challenges attributable to animal rights in Nigeria
These are so many other challenges ranging from lack of education on the various species of flora and fauna on what they can offer the humanity in terms of assistance to neglect of God’s injunctions on our interaction with them despite the country’s enviable position on the world chart on religious countries.
Another point that is worthy of mention in the array of challenges is the misconception about animal rights owing to some thoughts that the concept of animal right is a bid to equate animal with human beings in terms of status and privileges in the society, No, this is far from the truth.
It has nothing to do with vegetarianism, worship and other status peculiar to man. Rather, it borders on mercy, conscience and respect from man in their dealings with animals. No right suggests that animal must not be killed but only forbids indiscriminate extermination which invariably leads to extinction of specie. In other words, the right not to exterminate preaches conservation and the attendant benefits many of which are still unknown to science as at today.
Furthermore, the rights of animal are not in anyway comparable to human rights in all ramifications. The rights of animal are neither in absolute sense and nor inalienable. In fact, they are enforceable by human beings on their behalf as the animal rights activists the world over are doing. On CNN News of 28th April 2008 , a female animal right activist openly condemned as “barbaric” the cloning of bulls considered suitable for bull fight where the bulls are irritated by red cloth and consequently resorted to attacking the irritator.
Poverty cannot but be considered in the pool of challenges. It’s ugly head accounts for a considerable loss of habitats through poaching, inundation of the earth and tree felling without replacement. Sizeable number of the Nigerian population lives below starvation level.To this category. Animal right crusade is a bitter pill on their tongues and thoughts they turn deaf ears to the message of, and lessons from catastrophic effect of man’s ruinous hands on the nation’s wildlife and fragile ecological system.
Not minding the enormosity of these challenges the problems are not insurmountable in the face of various crusade for the respect of animal right and for the purpose of our gathering here at the instance of the Nigerian Field Society in pursuance of its part of laudable objectives of conservation of flora and fauna which forms an integral part and one of the very bases of the rights of animal as enshrined in the Universal Declaration of the Rights of Animals 1978.
The rights of animal as recognised by the Declaration shall be discussed seriatim with particular reference to the relevant existing Nigerian statutes protecting these unique rights. The first understanding of this concept is that restrictions imposed by law on human beings in their interaction with animals and their abode (flora) form the core of animal rights.
Article 1 of the declaration gives credence to the philosophy that man is a higher animal born like other lower animals and that both have the right to existence. In other words, as man desires to live till when God wishes which years the Holy Bible has put at 70 years so do animals desire to live and grow to a rhythm natural to its species.
This right tends to call the attention of man to his natural semblance with animal and the need to give it a consideration in his dealings with animals. This right has no corresponding provisions in our legal order for all animals except for wild animals found in any of the country’s eight National parks where killing is totally prohibited.
However, the wild animals in both proposed National parks and game reserves numbering more than eighteen cannot be said to have been immuned from indiscriminate killing in the hands of man due to their less stringent protection in the absence of the application of the Natural Parks Service Act 1999.
In compliance with Article 1, the federal government should promptly elevate the proposed National Parks whilst the state governments enact laws to stringently regulate and project the forest and game reserves and their resources in their respective states whilst the more unreserved areas with enormous flora and fauna are declared as forest and game reserves.
Article 2 makes provisions similar to Article 1 to the extent that the right must be respected and that man, like the animal species, cannot assume the right to exterminate other animals or to exploit them. Man should use his conscience for the service of the animals and that every animal has the right to consideration, good treatment and the protection of men.
This right finds support in the various wild Animal preservation laws of various states of the federation with Oyo State
It is important to point out the fact that all the laws enumerated have no provision relating to the application of conscience for the service of the animals. In this connection Veterinary Surgeon Act becomes relevant particularly the veterinary code of ethics relating to their responsibility to animals. The code states that every veterinarian, whether in a private or public capacity engaged in providing a direct service in relation to the treatment of animals must make proper provision at all times for the relief of the pain or suffering of animals and for their further treatment when necessary, either by himself or through professional colleagues.
Once a veterinarian has undertaken a case, he should not abandon it without safeguarding the welfare of the patient. The veterinary must remember always his veterinary oath.
The same requirement of “Conscience” goes for calls or visits as well as home calls. Chief Dr (Mrs.) Folake Solanke SAN’s remark in her preface to the book titled “Legal Framework for Animal Rights and Game Management in Nigeria” that A human being who slaughters an animal in a cruel manner, without any feeling for the hapless creature, has shut down his own conscience cannot but be a recurrent decimal in the consideration of the rationale for and justification of animal rights where “Conscience” becomes an inevitable corollary to the requisite respect to the rights of animal.
The Act also gives responsibility to the veterinarians to use their knowledge and skills to promote humane handling, appropriate treatment, prevention of cruelty, assurance of well being in husbandry practices, in the use of beast of burden, in the herding and transportation from place to place, herd to herd, herd to market and to slaughter.
In respect of the animal right to the protection of man, the veterinarians also have legal responsibility of not turning a blind eye and deaf ear to the ill treatment of animals.
The criminal code in the protection of animal makes bestiality an offence by virtue of section 214. The penal code makes similar provision under a different provision of unnatural offence by its section 284.” The offence attracts a severe sanction of 14 years imprisonment Happenings in some developing countries and among some tribes have taught us a good lesson that there is wisdom in giving animals good treatment, consideration and protection.
Recently, a 33 year old Indian, married dog in a traditional Hindu ceremony at a temple in the southern state of Tamil Nadir to atone for stoning two other dogs to death and stringing them up in a tree[3]. No matter how unreasonable the whole events may be, it is clear that maltreatment of animals is not of God.
If only our civilisation had thought us how to keep the fire of “Conscience” clear and alive, flickering or glowing or blazing in all its varying degrees of strength and communication, we might, all of us, have lived all our lives in love with animals, which means we should be kindled and full of zest in all kinds of ways and for all kind of things.
Article 3 states that no animal should be submitted to bad treatment or cruel actions and that if the death of animal is necessary, this should be sudden and without fear or pain.
It suffices to state that the provisions of this Article have cleared the misconception or misgivings about the right of animal to the extent that people are discouraged from eating meat or bush meat. No, far from that. In fact, there is no ambiguity as to the use of any kind of animal for food by man. It only regulates human dealings with them for the man’s benefit and healthy environment.
Submission of animal to bad treatment or cruel action is multidimensional and one of such reprehensible acts is ram fight, where the owners of rams do so far amusement and pecuniary interest. It is beyond disputation that ram fight is an offence under the penal code albeit the position of the criminal code still remains haphazard or a mute point.
The world over, death of animals in a given situation is a necessity. For example during festive periods or ceremonies, the death of animals should be sudden and without fear or pain. The Muslims all over the world in their subconscious observe this injunction which is compatible with the injunction of Allah and the hadiths of the Prophet Mohammed, that when a ram is tied slaughter in the course of worship to God, the eyes of the ram must be covered by its two ears so as not to see the knife and the knife must be very sharp as to cut its neck once without pain.
The Nigerian populace including the slaughter house workers should emulate this injunction as a mark of respect to animal right devoid of any religious sentiments to be. By covering the eyes of animal, it will not be in fear of being killed to do otherwise is incompatible with the right of animal as the fear constitutes mental torture inherent in the intending danger of death.
Article 4 states that all animals belonging to a wild species have the right to live free in their natural environment and have the right to reproduce and that each deprivation of freedom even for educational purposes, is in opposition to the right. This right finds expression in the provisions of Wild Animals Preservation Law of the states of federation for example laws of Oyo State 2000 retaining the old Wild Animals Preservation Ordinance, Endangered Species Act and others.
Under the Wild Animal Preservation Law, hunting are regulated with limitation of use of traps and weapons whilst the slaughter of female game prohibited.
The question may be asked that how does a hunter take pain to determine the sex of a game in a given situation bereft of supervision? The answer to this question lies in the efficiency of machinery put in place by the government to ensure compliance with the law. This right appears difficult to comply with in the developing countries where organised huntings are not pursued.
It is easier in the developed countries where sportmen are given priority or preference over game dealers or pot hunters because sportmen are educated and have knowledge of animals. They engage in organised hunting.
The relevant laws will assist in this regard if they are amended to prioritise various classes of hunters and make it mandatory for the hunters to pursue organised hunting. The government should also declare some unreserved and reserved areas as closed for hunting particularly during animals breeding season as we had under the 1963 Wild Animals Law when the present Old Oyo National Park
Deprivation of freedom of animal belonging to a Wild Species is also regulated by the Endangered Species Act. Unfortunately, none of our statutes countenance the important laws like the Zoo Licencing Act, which performs great roles in the U K and USA
However, the alarming rate at which people, who without licence roam the streets with wild animals like hyena, monkeys, snakes and others for financial gain gives so much concern in terms of the welfare and the rights of these animals as their activities are not subjected to the supervision and scrutiny of the regulating authorities.
The people indulged in this illegal business of animal exhibition should be properly educated through public enlightenment campaign and given ample opportunity to regularize their position failing which they should be arrested and prosecuted for cruelty to animals.
Article 5 states the every animal that usually lives in a domestic environment must live and grow to a rhythm natural to its species and any change to this rhythm and conditions dictated by man for mercantile purpose, is a contradiction of this law.
This right finds no expression in any of the Nigerian statute books. It has similitude with the requirement of welfare of domestic animals and in respect of which Nigeria Britain
The public should be enlightened about the life span of various livestocks or domestic animals and the need to impress it on the public that every animal has right to live and grow to a rhythm natural to his species.
Article 6 stipulates that all animals selected by man, as companion must have a life corresponding to their natural longevity and that to abandon an animal is cruel and degrading act.
What readily comes to mind here is dog being man’s longest companion although there may be other animals like cats, birds of different species and other tamed and wild animals. There is need to distinguish domestic animals generally from animal selected by man as companion.
In other words, not all domestic animals are companions, dog for example, for breeding purpose does not qualify as man’s companion and the sale of puppies from the bitch at 6 weeks may not constitute an infraction of the right but a guard dog or hunting dog may qualify as companion and must be allowed to live a life corresponding to their natural longevity of between twelve to fifteen years depending on its size.
There is no ambiguity on the abandonment of animal as a cruel act. In fact, it is dehumanising abandoning any animal under any guise. This is one of the indices of cruel acts criminalised by both the criminal code and penal code in sections 495 and 208 respectively. The implication of abandoning animal is to leave the animal to suffer unnecessarily.
Sometimes ago here In Ibadan, a female German shepherd named Princess was starved for days for killing a rabbit of its owner. One gentleman who is a dog breeder bought the dog over at a ridiculously low price but could not find a suitable kennel for her. He discussed his problem with and requested me to keep the dog temporarily.
Without seeing the dog, I agreed to do that for him. When I set my eyes on the dog. I almost changed my mind due to the dog’s deplorable state of health arising from wanton neglect and starvation. Nonetheless, I took up the care of this dog and within few weeks the dog picked up wonderfully and was a delight to watch with it astonishing alertness. My neighbours began sudden love for Princess and thus became a toast of everybody and I had a wonderful stud from it which companionship I cherish.
Article 7 provides that working animals must only work for a limited period and must not be worked to exhaustion. They must have adequate food and rest. Animals in this category are dogs, donkeys, horses, cows and camels. This right is protected under the criminal code and penal code in relation to the offence of cruelty to animals. Apart from that, there is no legal requirement for the adequacy of the working animals’ food and rest in developed countries some dogs used for game hunting and herding of cattle and sheep are given adequate food as reward for their Labour.
Article 8 provides that experiments on animals that cause physical and mental pain are incompatible with animal rights, even if it is for medical, scientific, commercial or any other land of experiment. In Nigeria
However, the coming into effect of this Declaration its enforceability will guarantee the protection of this right. Better still, the government should enact a law on laboratory animal and similar to the Cruelty to Animals Act and protection of Animals Act in the United Kingdom
Article 9 provides that an animal bred for food must be fed, managed, transported and killed without being in fear or pain. This right relates to the animal husbandry inclusive of poultry. There is also no law in the country regulating this as is the case with the United Kingdom, where codes of Recommendations for the welfare of livestock is extant Nigerian cannot be immuned to the happenings in the world particularly in terms of modern civilisation.
Article 10 provides that no animal should be used for entertainment. Animal exhibitions and shows that use animals are incompatible with an animal’s dignity. Unlawful and illegal shows and exhibitions of and wild animals entertainment by being deprived of their freedom in their natural environment cannot be compatible with the dignity of animal.
The same cannot be said of organised dog shows where the intelligence and proper grooming in the animals are rewarded. In the category of the illegal an unlawful entertainment is the ram fight, cock fight, dog fight, bull fight and other cruel and degrading entertainment. All these unfortunate events are incompatible with animal’s dignity.
Articles 11 states that every action that causes the unnecessary death of an animal is cruel and it is crime against life what readily comes to mind here is the savage hunting methods of the use of ammunitions, chemicals and poisons, destruction of animal’s habitat. For example an elephant or rhinoceros may be killed because of its ivory or horn, whilst the entire carcasses of the dead animals are left unattended to.
This right is protected by the wild animals preservation law of each state and the killing of animals are regulated by the grant of licence to hunters with the payment of money depending on the size of the animal.
Article 12 provides that every action that causes the death of a lot of wild animals is genocide, that is, a crime against the species and that pollution and destruction lead to the extinction of the species.
This unique right finds fill expression in the various statute books relating to environmental pollution such as Federal Environmental Pollution Agency Act, Quarries Act, Oil in Navigable waters Act, Sea Fisheries Act, Common laws of tort on strict liability offences, Criminal Code, Bush Burning laws, Environmental Pollution Control laws, Forestry laws, Animal Diseases Control Act.
Aquatic animals suffer more in terms of pollution whilst a sizeable proportion of wild animals are lost to the destruction of habitats through logging, urbanisation, over exploitation of forest resources, bush burning and other vices incidental to human development.
The Ondo State House of Assembly has, on the 1st day of May 2008, passed a bill on new forestry law regulating human interference with the Nation’s flora both in reserved and unreserved areas of Ondo State Logging, no doubt constitutes an unwarranted pollution and destruction of the habitats of animals and inevitably exposes smaller animals to predation whist other animals are, as a result that, vulnerable to the ruinous hand hands of man.
This invariably leads to the avoidable extinction of many endangered species and infraction of their right to procreation as breeding cannot take place in a battered earth. The destruction of forests which is the wildlife habitats has been the most decisive factor in the catastrophic disappearance of Nigeria
The bill on the new Ondo State Forestry law which deservedly awaits the prompt assent of Dr. Olusegun Agagu, the Executive Governor of Ondo State
Article 13 states that dead animals must be treated with respect and that violent scenes where animals are the victims must be forbidden at the cinema and television unless they are for the demonstration of animal rights. This right is not catered for in the Nigerian Legal order. However, the public insensitivity to the rights of animal has not made practitioners to beam their search light on violent scenes where animals are the victims.
There is no gainsaying the fact that dead animals are not treated with respect. In fact, our commuters will overrun and kill indiscriminately, animals on the high way even where the accident is avoidable and the other road users are always indifferent to the plight and scene of such animal victims. This attitude must change in order to have a better society.
Article 14 finally provides that protection and safeguarding associations like the Nigerian Field Society must be represented at government level and that Animal rights must be defended by law as are human rights.
I have doubt in my mind whether any of the numerous non – governmental associations we have in Nigeria Nigeria
The individual citizens are also called upon to make it a point of duty to defend the rights of animals in whatever capacity. Even by giving useful information to the police on any abuse of the rights of animals. The police themselves must of necessity realize that the duty is basically theirs.
The issue of representation at government is a potent stool at repositioning our legal order towards establishing a safe environment and maintaining a balance ecosystem, where flora and fauna would be beneficiaries.
If the Environmental Rights Act (ERA) who was instrumental to the arrest of a person in Kano in connection with illegal possession of a chimpanzee and three Tantalus monkeys without legal documents had been represented at the government level as contemplated by the Declaration of the rights of animals, it would have succeeded in its pressure in the National Assembly since 2005 to amend the Federal Environmental Protection Agency (FEPA) Act with a view to repositioning the Agency for proper enforcement of environmental laws, regulations and standards and the implementation of the Clean Development Mechanism (CDM) of the Kyoto Protocol and Vienna Convention, the Act being criticised as a rehash of the unaccented Federal Environmental Control and Protection Agency bill passed by the second Republic National Assembly.
The Oyo State government’s partnership with ERA in the joint institution of a legal action against some cigarette manufacturing companies at the Ibadan High Court[4] praying the court for an order, inter alia, declaring tobacco smoking as addictive, hazardous and injurious to health is commendable not minding whose health is injured or whose interest is adversely affected by the population attributable to cigarette manufacturing and smoking.
In any event, the aim of ERA being the apostle and vanguard of healthy and virile environment leaves no one in doubt that the flora and fauna being part of the main components of an environment are among the beneficiaries of this just cause.
The Oyo State
In conclusion, it can be safely said that the Universal Declaration of rights of animals coupled with the animal rights related laws in the country, the prospect of animal right’s recognition, respect and enforceability is promising with the unrelenting efforts of the various associations.
What is paramount is to embark on a widespread enlightenment campaign on the existence of these laws and the need for the government to put in place effective machinery for their enforcement without fear or favour.
Our judiciary and the law enforcement agencies should prepare to face the challenges of opposition from different quarters. The legislature should as a matter of extreme urgency review the existing laws with a view to amending them to be in tune with what is obtained in developed countries where man, plant and animal live in harmony, whilst the new laws incorporating the modern ideas of a healthy environment with particular attention to the welfare of livestocks and laboratory animals should be promptly enacted and in line with the rights of animal as enshrined in the universal Declaration of the rights of animals.
We now live in an age where men are apt to bring those things in question of which our ancestors never doubted, hence we start asking questions on the peoples’ apparent insensitivity and apathy to the welfare and grooming of animals as well as loss of wildlife, which the rights under reference seek to protect. After all, man is not born a Knave, there must be time to make him so nor is he presently discovered after he becomes one. King Leopold III, the then Prince of Belgium described the loss of flora and fauna as mischief. So, the mischief must stop
If the policy of he law has withheld from human beings certain powers and faculties, the courts of law must continue to treat them as deprived of those powers and faculties until that law is amended. Rights of animals have certainly withheld certain powers and faculties from human beings.
Abuses of animal rights are human disruptions, foisted on Mother Nature and constitute inconveniences, which are soon forgotten, even in the face of devastating tragedies attendant to the abuses.
Nigerians should be prepared to begin to maintain a vibrant relationship with flora and fauna with calm assurance that our conscience, knowledge and power will be used for the welfare of animals. The government on the other hand should, as a matter of necessity, come up with a genuine and all encompassing poverty eradication programme with priority being given to the rural communities.
I cannot but commend you for your patience and listening.
I thank you all.
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