NEW! REVISED EDITION-CHAPTER 6- LEGAL FRAMEWORK FOR ANIMAL RIGHTS AND GAME MANAGEMENT IN NIGERIA

CHAPTER 6




PROBLEMS ASSOCIATED WITH ANIMAL RIGHTS, GAME MANAGEMENT AND SUGGESTED SOLUTIONS



The Nigerian government has put in place a workable legal framework for the protection of the Animal Rights and Game Management. It may not be a hundred percent perfect, but it is something to improve upon as the time goes on in the light of new facts, experience, knowledge etc regarding the protection of the environment and conservation of natural resources. Few among the problems are on wild animals because the Wild Animals Law (WAL) of 1963 does not cater for some unscheduled animals which are now in desperate need of total protection if they are not to become extinct within the next decade. There are other inadequacies in the W.A.L. 1963. For example, no clear regulations have been legally defined for the keeping of live wild animals in captivity in Nigeria (a) as private pests (b) for research purpose (c) by dealers, (d) for public display.



Anomalies also occur in the W.A.L. 1963 regarding the sale, disposal and manufacture of wild animal’s products such as trophies, hides, horn, meat etc and the export of these and live wild animals as pets, for research and for zoos. However, it seems that these problems are being catered for by the Endangered Species Decree 1 but also smoke of the unscheduled animals are left at the mercy of game dealers. There has been little or no effort on the part of the Federal or State Governments to make laws for the protection of Laboratory animal’s rights during experimentation. Government should act accordingly on this because a large number of animals are involved in this cruel act not minding whatever reasons that may be given for doing so even if for public benefit and education. There is need for a legal framework within which such experimentation should operate.



Nigeria also lacks trained wildlife personnel; Universities should develop the man power resources by training the officers at post graduate level. The Nigerian Federal and State governments should provide funds specifically for this purpose. There are a number of good laws but their enforcement needs more bite in order to achieve the required goal. Still on the problem of enforcement, one would have thought that the heavy penalty imposed by various laws would deter the citizens of the states but it has been very difficult to effect arrest of the offenders because of the complicity of majority of the citizens in the state who are oblivious of the adverse effects of their unpatriotic acts.More power should be given to the local governments to designate the areas that are habitats of abundant wildlife a reserves and be brought under serious supervision coupled with stricter legal regulations.



There is also the problem of lack of public relations programmes and information. The fact remains that, for the positive realization of the lofty ideals, goals and objectives of the laws relating to Animal rights protection and game management, every citizen of the country must be directly committed to ensuring that the environment and animal rights are well protected and comply with the relevant environmental protection laws and regulations. The enforcement of game and animal related laws will be effective only when the public is well informed.





It is also sad to note that the requisite compliance has not been quite forthcoming in respect of the recently enacted Environmental Impact Assessment Act2. Some projects have taken off in certain parts of the country which are subject to the requirements of the said Act but, which obviously, are yet to comply with that law, for example, apart from losses of animals through inundation and clearance, the practice of clearing, felling without subsequent compensatory plantation has been ruinous. There is urgency in all these as the demand for wood increases readily and continuously with poverty as the root cause.



Undoubtedly, Section 25 of Federal Environmental Protection Agency Act provides adequate enforcement devices but “private litigations” as a viable device for the enforcement should also be considered in the context of “Concerned citizens” as a means for the enforcement of the Act since animals constitute a considerable proportion of the Act since animals constitute a considerable proportion of the environment and have some of their rights protection by these laws and regulations.



In order to complement the workability of the already existing laws and regulations, there is a further need by the government to have more specific laws on animals along the lines of the English Law of Animal Protection Act of 1911 and that of America’s Animals Welfare Act to cater for other animals that are outside the ambit of the prevailing laws e.g. laboratory animals and other animals that are the prospective victims of scientific researches and experimentations.



Finally, some of the penalties provided for in various laws are not punitive enough to deter those participating or taking solace in the abuse of the rights or animals. These penalties should be more punitive and be enforced strictly to have peaceful environment.



The ineffectiveness and inefficiency of the existing laws could be seen in a report showing a gas leakage which occurred at a residential building and which was caused by a fault valve of a five tone gas cylinder containing liquid chlorine. As a result of this pollution at least four German shepherd dogs were killed while one other dog was hospitalised. Worse still, no institution of any action or prosecution has been brought on this matter despite the knowledge of FEPA (Oyo State Branch) of the ugly incident resulting in the death of these animals. How then can the owners of the dogs be compensated for the loss or how can the polluter appreciate the gravity and savagery of his unpleasant acts, notwithstanding the excuse on the cause of such act?



There should be total concentration of efforts on the statutes directly or indirectly protecting the rights of animals and game management in this country, for so many good reasons, particularly economic, because they constitute a considerable proportion of nation’s economy if properly managed and preserved.



For example in America, Snail darter3 is well known because it is rare and because its only known habitat was first threatened and then destroyed by the completion of Tennessee Valley Authority (TVA) Tellico Dam on the little Tennessee River. The Snail darter thus halted the completion of the Tellico Dam and set in motion a congressional review that led to the 1978 amendment to the Endangered Species Acts of 1966 and 19694. On this, there was the creation of the cabinet level Endangered Species Committee authorized to exempt federal agencies from compliance, finding that the costs of the Tellico Dam clearly outweighed its benefits and unable to conclude that no reasonable and prudent alternatives existed, the committee voted unanimously to den the project. It may be noted that the work of the above Committee is similar to the mandate of EIA Decree, but this Decree has not been followed judiciously in Nigeria as many projects are taking off without proper consideration of the interest of animals, and their habitats being affected thereby making its enforcement a difficult task, if not impossible.



Enforcement of FEPA Act should be encouraged. The Agency should not stop at mere investigation without applying the punishment prescribed in the Act. This is because pollution is doing more than bearable harm to the existence of animals and constitutes a gross abuse of their rights. It has also been established that chemical pollutions can interfere with one of the most basis biological functions of animals, that is, the ability to reproduce. The chemicals allegedly disrupt the action of hormones, those all important molecular massagers that regulate just about all bodily activities including growth and reproduction. Among the chemicals are the DDT, Keptone, triazine herbicides, certain PCBS and dioxins, styrenes and the alkyphenols found in some detergents, plastic and waste by- products of many industrial processes such as paper making and waste incineration5.



Animals exposed to high doses of these pollutants in the wild develop reproductive abnormalities. Animals exposed to low doses in the laboratory exhibit the same malady. Some of the suspected chemicals have physiological effects similar to those of estrogen and other sex hormones, or they at least interact with them. They might reasonably be expected to interfere with processes involving these hormones, such as the menstrual cycle and sperm production. A zoologist6 discovered that the young of sixteen predator species including fish, birds, reptiles and mammals were failing to survive to adulthood or could not reproduce, if they did survive, as a result of these pollutants that have contaminated their natural environment. For example in 1993 researchers found that the terns in PCB contaminated Buzzards Bay Massachusetts, had reproductive-tract abnormalities including the presence of ovarian cells in male birds. Before this, during the mid 1980s, Colborn learnt that mortality rates for alligator egg in Lake Apopka, Florida, soared to 96% in contrast to 57% in most Florida Lakes.



While most of these reports involve heavy does or chemicals; evidence7 from laboratory studies suggests that lower concentrations also have deleterious effects. Endocrinologist David Crews has discovered for example, the small PCB does can dramatically influence the ratio of the male to female offspring in Red-eared slider turtles. Bich investigated the impact of dioxin on male rats. He found that the does needed to cause reproductive system problems was relatively high.





More of the aquatic animals such as turtles, terns, alligators, e.t.c have all suffered reproductive damage from exposure to hormone-like chemicals and Nigeria is not an exception to these developments because most animals eat fish and other preys from the contaminated lakes. The Federal Government should ban a variety of hormone-like chemicals as mentioned above and make stringent legal regulations for the disposal of toxic substances in the way and manner it will not contaminate lakes inhabited by animals. More power should be given to FEPA to deal accordingly with any offender be it natural or artificial person not minding the category or status of such a person without fear or favour.



In 1979, the United States of American government banned DES when the FDA decreed that Des should no longer be used to prevent miscarriage. DES is a synthetic drug that is related to estrogen, it can even promote growth in sheep and cows. But in 1971, after studies linked its use by pregnant women with reproductive system abnormalities, infertility and cancer in their offspring, it was banned, because allowing it would automatically lead to an abuse of animal right to reproduction as contained in the Universal Declaration on Animal Rights.



Another suggestion is the recalling of the wild to be supported with stringent hunting regulations seeking to protect the rights and management of these endangered animals. Why bring back will creatures into their natural habitats? The main reason is that the new enthusiasm among environmentalists and governments for preserving species that are in danger of dying is rife and also, there is the growing concern for the rights of these animals.



In Europe, as a result of their efforts over the past two decades, a collection of wild bears, horses, lynxes, beavers, elks and eagles have been transplanted back to their former homes in civilized Europe. For example, in Alpine, the bearded gypaetus, for one, had received a warm welcome home by the residents. It turns out to be something less than the monster whose bloody exploits were recounted around old-time firesides. True, its red-rimmed eyes and bone crushing beak give it a fearsome look. It is a scavenger, after all, and the gypaetus hovers over flocks to clean up the remains of the dead animal. They have become tourist attractions to date, they are appearing to be thriving – and not a low lamb or child has been lost.



Other maligned endangered species have also made a more or less successful retune to European habitats old or new. In Rhine Delta, Dutch Environmentalists are working hard to regenerate the Gelderse Poort area by importing Konik horses from Poland and wild Galloway cows, at $1, 6000 a head from Scotland. Lynxes were successfully brought back to the French Vosges and the Swiss Jura mountains in the 1980s. As a result of hunting and loss of pasture Przwalski’s horse became extinct in the wild in the 1960’s but a number of Przwalski’s horse live in captivity in various zoos and parks. Thus, 21 Przwalski’s horses were shipped back to Mongolia a/993/93.



In India, the forest officials in Blitarkanika National Park in Orissa found 15 extremely rare white crocodiles endemic to India during the annual crocodile census. Due to poaching the salt water was on the verge of extinction in the 1970’s were saved with the help of government and United Nations Programme setting up a crocodile rearing project within the park. An abundance of mangroves, clean waters, rich food supply and less human interference have made the breeding. The forest owlet though to be extinct because these have been no confirmed sighting of it for 113 years has been spotted near shahada India, North East of Mumbai the pink-headed ducks which were last seen in the 1930’s and the Himalayan Mountain quails which have not been signed for about 100 years were recently found in India*a.



Ideally, the reintroduced species will remain with the help of trick hunting bans and other protections. The worry of this idea lies in the east relocation of animals. Gypaetus was relatively lucky; though it was exterminated in the Alps, it managed to hand elsewhere for relocation. Hundreds of other wild species are disappearing all over the world every passing decade; even Nigerian case is more pathetic for the dream of the retune of her lost species is remote. Not minding this, serious efforts should be made to relocate endangered and disappeared wild species.



Another important suggestion guaranteeing these animal’s rights and their management is that some new spots of habitats should be found and the animals having their habitats harmed should be protected. For example, French Environment Minister Michel Barnier suggested moving the Pyrenees bear to some new spot if its habitat is harmed by a proposed France-Spain tunnel that he supported. The tunnel’s access roads would carve up the area where the endangered bear was located.



Another important recommendation is that FEPA should try and preserve the eco-friendly nature no matter the degree of pressure and influence mounted; even not minding the economic consideration attached especially where it involves the destruction of flora. Nature has suffered a great deforestation as a result of the exporting licence been granted to some wood merchants to export some useful trees that preserve the natural environment of animals such as ebony, cadar, teak, yellow Apa, mahogany, Shingle wood, Obeche, Iroko. Now, emphasis has been shifted to others due to the discovery of their new economic value after almost exhausting the above mentioned ones. The other includes the tropical trees unknown to traditional export list. They are palm, rubber, and coconut trees. Nigeria has an estimated 500,000, 120,000 and 250,000 8 over aged palm, coconut and rubber trees respectively. The diversion was necessitated by their usefulness because palm wood and coconut wood, described as highly pest resistant are used as rafter in the construction industry while rubber has gained enormous preference over some woods in furniture making.



Inspite of this, EFPA should, as soon as they are aware of any attempt at deforestation undertake a study quickly to appraise likely effects of such act as contemplated by the E1A Act9. There should also be an inclusion of environmentalists, animal rights defenders, naturalists and journalists in the working machinery of FEPA and other people that will be excited about the impressions already created outside the country on the environment friendly nature of flora. Such a study must not always be based on the peculiarities of our own (Nigeria) situation and the interest of the nation but on the experience in other developed countries. Some foreign countries are conscious of and profitably assimilate the impending danger of deforestation.



Logging has been whittled down in some states in the United States such as Oregon and North Carolina hitherto dependent on wood-based activities thus compelling investors and consumers to seek for supplies in the developing world economies. While the U.S has turned to the Latin America Countries, its backyard, for supplies due to the vices associated with the activities, Europe is turning to the past colonial raw material markets in Africa and Asia. With Malaysia, Thailand and Indonesia three successful and highly diversified Asian economies now in the business, further proof of future market prospect and profit may not be necessary given the intense demand push of conservation campaign and compliance in Europe and the United States.



Furthermore, broad based enlightenment should be given a priority. The enlightenment should be free from economic consideration to avoid the situation of clothing the economic wolf with the dress of environmental lamb. Just like the present cultural reorientation programmes being pioneered by NEPAC (Nigeria Export Promotion Council) where rubber producers are persuaded to refrain from using its wood as fossil fuel in order that they may be exported.



It is not impossible that Nigeria could avail herself of the eco-friendly nature of rubber wood because rubber plantations could be maintained on sustainable basis but for the traditional floras which need about 45 - 60 years to mature even re-planting of palm and coconut trees, that need only 25 – 30 years plantation cycle is not reasonable enough because during this period many inhabited animals would be exposed to series of danger most especially from human being and other higher animals and even environmental-hostile weather.



FEPA should also note that the need for new sources of flora is now greater than ever before due to a rising consumer preference for environment friendly and natural products to synthetic materials and the need to protect the traditional tropical hardwoods that now risk depletion.



There is need for everybody in this country to be sympathetic with these animals and imbibe moral conduct towards them. Although, it is the Yoruba adage which says “ife ti a fe adiye ko de inu ibi ki a paje lo mo” which means that it is right that the degree of love one has for a bird is reflected and determined by its killing. This goes a long way to tell us that even if we are going to kill a bird, we must take good care of it before the killing. At least this adage fulfils the moral requirement of Animal Rights.



It is even good for us because it provides a better harvest after all, as one lay his bed, so he lies on it. We should be merciful to these animals. Mercy is rooted in love; for love is better than murder because love suits both parties’ i.e. human and non human animals’ whereas murder suits only one. It is an act of selfishness to kill illegally and without justification and violate the animal rights. Although, it may be natural to be selfish, yet it is no less natural to be sympathetic. Unselfish, sympathetic love will surely break down the walls between human beings and animals.



There is need to love animals and their natural environment because the great secret of morals is love and the principal means of exciting love is imagination. A man to be greatly good must imagine intensively and comprehensively. He must put himself in the place of another and many other things including animals. The pains and pleasures of his species and other species must become his own.



Cruelty to animals and other abuses of Animal Rights are unworthily. Anything become unworthy whenever it is thought of as intrinsically lacking worth. We preach protection and conservation in the country and we mean it and we cherish our existence. But are we to say to the world that this is a land of freedom and peaceful environment except for the animals? Now the time has come for this nation to fulfill its promise.



The events in this country and elsewhere have so increased the cries for environmental protection and preservation of wild animals and protection of Animal Rights that no city or state or legislative body can prudently choose to ignore. We sincerely need to protect, preserve and observe these Animal Rights as well as manage them for the advantage of future use a part of our natural resources. The work is not that of the government, statutory bodies or law enforcement agents alone, it is the work of every citizen of the country because to protect the skull, the hands must be folded over the head and to prevent disfigurement of the face, the elbows must be brought together in front of the eyes.



FEPA and Governments as custodians of healthy environment and natural resources should try, in addition to the air, water and land quality which has little or no effect on the laboratory animals being used in research centres and in various educational institutions, come with minimum laboratory animal standards for commercial production and as guiding principles in the use of animals. Such standardization should cover the areas of nutrition, diseases diagnosis and prevention, sanitation and facilities (construction of houses, air conditional e.g.) equipment, breeding, care, management and transportation of these animals which include nutrition (food and water) in addition to other useful standards like genetics and record keeping.



These standardization, will play a complementary role to other protection afforded by some statutes namely chapter L of the Criminal Code dealing with cruelty to Animals and other Animal rights related statutes as mentioned in chapter II of this book. For example, there are three federal laws protecting Laboratory Animals in the United States of America. They are the Animal Welfare Act10, Endangered species Act11, Marine Mammal Protection Act12. The code of Federal Regulations (CFR) also contains the rules and regulations issued by Administrative agencies to implement Federal statutory law.



In Germany, there is the Animal Protection Act 1972 dealing with “Animal experiments and operations for training, purposes. In that law, experimental procedures or treatments of animals which may be accompanied by pain, suffering or injury must be declared to the competent authority prior to their commencement. In Norway, the law governing animal experimentation is contained within a general animal welfare law; the Welfare of Animals Act was brought into force on 1st January, 1977 by Royal Decree.



Undoubtedly, Animal Rights related statutes are barely sufficient especially in relation to laboratory animals’ welfare. In spite of this Nigeria should borrow a leaf from the United States of America because the importance of standardization in experimental animals has long been recognised there. The Animal care panel since founded in 1947, and the Institute of Laboratory Animal Resources established in 1952 and committee appointed by the Institute to prepare drafts of standards consisted of three commercial breeders, a nutritionist, five institutional animals’ colony directors and two workers in the regulatory field. The result of the staff activity and committee deliberation was the publication of the Mouse Standards Committees which are committed to a long range pragramme for the development and establishment of standards for the production, procurement, care, maintenance, shipping and use of the common species of experimental animals; primates and laboratory animals; transportation13.



Government should also establish a body in the nature of the said Institute and engage it in licensing and enforcement activities so as not to make the enforcement of standards a purely voluntary act as it is in the united States of America although voluntary implementation of existing standards is being effected through the incorporation of these standards in Animal Bid Specification and Purchase Contract, Hence, giving the Institute of Laboratory Animal Resources, an agency of the National Academy of Sciences – National Research Council, room for enforcement of the standards.



The right to search 14 as enshrined in FEPA Act should be extended to the public or individuals who are interested in the fate of animals that are being cruelly death with under the guise of experimentation in the laboratories and in a way that is not in conformity with the contemplation of the law relating to the welfare of animals. This is important because the lives and deaths of millions of experimental animals appear to take place in isolated, cut off world. Most research laboratories are physically isolated from any kind of regular scrutiny from members of the public, both by their actual location and by regulations which prevent ‘unauthorized’ people from gaining admittance. The problem is that the scientists themselves have their experimental procedures and their experimental ‘subjects’ – these create a further barrier for those non scientists who wish to learn more about the fate of experimental animals in the laboratories and who also need to understand the background against which experiments take place.



Another important suggestion is that the Federal Government should set up an Abuse of Animal Rights Tribunal in the nature of statutory judicial tribunal so as to add more bite to the existing legislation and, significantly, to take criminal offences of cruelty to animals and communication of infectious diseases to animals as enshrined in the Criminal Code from the province of the regular courts. Such a Statute establishing the tribunal should extend the requirements of cruelty as contemplated by the Criminal Code to include other areas of cruelty especially as it affects laboratory animal experimentation being performed criminally15. This is imperative because it will make the enforcement of the said laws effective and the adjudication dispensed with within a reasonable period of time. Notwithstanding the fact that such a step is a military phenomenon; the Civilian government should emulate same in the present seemingly stable democratic rule that has just experienced its third consecutive electoral process in April 2007.



The executive of the three tiers of government in the country should put in place a committee that will be saddled with the responsibilities of advising the government concerned by providing useful information after a serious study must have been conducted on things that are instrumental and necessary for the preservation of natural resources; there must be a dire need of respecting their rights in order to achieve the expected aim of committing to a national policy that ensures sustainable development based on proper management of the environment in order to meet the needs of the present and future generations. This, undoubtedly demands positive and realistic planning that balance human needs against the potential and realistic planning that balance human needs against the potential that the environment has for meeting them. The committee should direct efforts at studying the habitat, and use the probability of conservation, preservation and other requirements that are of necessity to the sustenance of animal rights.



There is need for the Federal, States, and local governments, corporations, clubs, individuals etc to encourage and assist in establishing some organization, bodies or clubs that will be monitoring the habitats and existence of game species in Nigeria; their population, reproduction, keeping of proper records of difference species, their locations, their educational, social and economic use. It is interesting to note that the awareness of these animal rights and game management has just begun some years back as we cannot boast of sizeable number of such organizations apart from the Important Bird Area Project (IBA) and Nigerian Conservation Fund (NCF) that are of international recognition. If this is done, the country will be spared the sudden wave of unbearable pain usually experienced from gross environmental pollution and indiscriminate killing, over-exploitation of these animal resources that constitute a reasonable portion of the nation’s economy. If these resources are properly managed coupled with their added advantage of being less capital intensive, this country will be better for it.



It is advised that the above stated suggested solutions to the problems or realization of Animal rights and game management laws’ aims and objectives should be thoroughly considered, examined and militarily practiced. Otherwise, our situation will be as Lathan C.J. described in the case of Mills v Mils16 when he said “to live in an unreal region of detached altruism and to act in a vague mood of ideal abstraction from obvious fact”.



Moreover, the Nigerian government while adopting other international treaties should as a matter of necessity adopts the appendix III of the Convention on International Trade in Endangered Species of Fauna and Flora17 that was deliberately left out in the Endangered Species Act18. This calls for the review of the said Act. The Appendix provides for the species which are not restricted internationally, but which require licence. The Federal Government should endeavour to adopt other relevant treaties, otherwise the animal will be the poorer for the abuse of it rights and to the detriment of it’s economic, social and educational benefits.



This is buttressed by Section 12(1) of 1999 Constitution stipulating that “No treaty between the federation and any other country shall have the force of law except to the extent to which such treaty has been enacted into law by the Federal Executive Council”. The understanding of this is that such treaties will not have the force of law in our national courts. Ordinarily, Nigeria is bound by treaties to which she is a party. Within the international setting, she can claim full treaties and non-compliance with the said section of 1999 Constitution would make her forfeit the advantages and blessings attributable to these international treaties respecting the environment inhabiting man, animals and plants, while the neglect lasts.



By and large, environmental protection efforts in the country have tended to focus mainly on land, water and air being the more visible components of the environment. Rare flora and fauna have virtually been relegated to the background and left at the mercy of various anti-conservation measures attributable to poaching, population growth/urbanization, deforestation, soil degradation, water contamination and illegal trade in endangered species.



The list of game reserves notwithstanding our eight National Parks reveals that certain critical habitats have not been conserved. These include the mangrove and swamp forests. Several states in the rainforest belt have neither proposed nor gazetted functional game reserves. The forest resources development is being actively pursued ostensibly because of the revenue generated from timber whist wildlife conservation receives little or no attention.



Other problems associated with game management is (a) the lack of awareness of the benefits of conservation and its relevance to everyday concerns, which prevent governments, policy makers, development practitioners and the general public from seeing the urgent need to achieve conservation objectives; (b) the consequent assumption that living resources conservation is a separate issued development rather than an approach that cuts across and must be considered by all development sectors, resulting in undue emphasis on short term interest in preference to long-term stability; (c) the inadequacy of the capacity to conserve because of poor legislation, ineffective enforcement of legislation and poor organizational frame-work (d) the inadequacy of trained personnel and a lack of basic information or priorities, productive and generative capacities of living resources and on trade off between attentive management options; and (e) failure to deliver conservation-based development where it is most needed notably the rural areas.



In Nigeria, the constitution of forest reserves as wildlife habitats involves elaborate procedure for consultation between government and all interested parties including the different arms of government as well as communities. It is easier to constitute forest reserves by law but the result would be lack of co-operation from the people especially the local communities and peasant farmers.



When the rainforest is cut down, the carbon dioxide remains overhead; little oxygen is added to the atmosphere for the benefit of the animals. Little rain is recycled for more rainfall. Instead, any rainfall rushes off the land into streams, carrying with it the topsoil necessary for the re-growth of plants. Streams and lakes are muddied, fish die. Silt is carried to the oceans and covers tropical reefs, and they die. Millions of plants and animals that once thrived under the green canopy disappear, the heavy rains that once covered the land diminish and the long slow process of desertification sets in.



Resources inventories have never been taken; population densities of animals not known and even species composition are not up to date. The above problems appear insurmountable but certainly not devoid of solutions.



Nigeria is not an exception to what is happening in Europe as hundreds of other wild species are disappearing with every passing decade but there cannot be certainty of particulars of species that have gone this way due to lack of or ineffective natural data bank to supply information as to the nature, quantity, location, area covered, rate of yielding, rate of exploitation and the renewability of each species.



In this crusade, government should employ the DNA experts in determining the habitats, which the lost or recovered animals (originally stolen away) belong to avoid introduction of animals alien to this country with a view to forestalling the destruction of the existing ones. Animals in this category are the chimpanzee – due to illegal trade and trafficking in them.



For example, roan antelope can be recalled into the Yankari National Park, as a report, though, unconfirmed, revealed that the animal is extinct in the park.



Aside from the foregoing, the other scientific and practical measures discussed in the following sub-heads would assist a great deal in combating the scourge. The measures include but not limited to:





USE OF MELATONIN, DNA TECHNOLOGIES AND CLONING



Seasonal breeding continues to be a constraint in many species. It is still difficult to produce ungulates’ lambs out of season simply because only a relatively low proportion of female ungulates return to estrus after lactation has ended. But by treating female ungulates with suitable day length or with melatonin, it is possible to advance the date the first estrus lambs are produced early 8in the year though it does not help to return to estrus after lactation. Similarly, daylight can be used to accelerate egg production in fowls but after a relatively few months the birds cease laying spontaneously.



In the animals, one is seeing the expression of mechanism developed by nature to end the breeding season and stop the young from being produced when their chances of survival are much reduced. In overcoming these turning off mechanism the understanding of the complicated neural processes, which occur in the brain is a necessity.



At the Agricultural and Food Research Council on photo periodism and reproduction at the University of Bristol, this whole problem is being tackled using the “startling bird” as a model species. This bird has a particular strict requirement to breed at only one time of the year (when insect larvae are available to feed its young) and so the mechanisms for ending reproduction are especially highly developed. This makes it a good model in which to investigate the basic process involved in turning off reproduction.



An important advancement has been in recognition of the extent to which the thyroid glands are necessary for the turning off mechanisms to develop. By depressing thyroid activity in the “startling” the group at Bristol were able to turn a highly seasonal breeding bird into one which remains in breeding forever under long days. Sheep were similarly tended some years ago and virtually all of them have continued to show regular seventeen days estrus cycles ever since19



The productivity of deer is restricted by the fact that they only breed during a limited period of the year, it is now known that a hormonal signal, melatonin, triggers a more effective control of breeding season.



Seasonal breeding ensures that the young of a species are born at a time of the year when increasing ambient temperatures and food supply maximize their chances of survival. For deer, this means that mating take place within a limited time seasonally.



1n 1996, researchers first cloned a sheep. Thereafter a number of other animals including cows, goats and horses have been produced using the same technique. In Dubai the scientists have, for the first time, cloned female camel.



Cloning has also been proved to be successful with household pets. It was reported that the first case in the United States was that of a kitten delivered to a Texas woman who kept the kitten “Nicky” for 17 years until death. The woman had a kitten cloned from Nicky’s DNA at the cost of $50,000.00*b. The kitten, named little Nicky, is said to be identical, even in personality to the original cat. However, that practice has been criticised as morally problematic and a little reprehensible and that for $50,000 she could have provided homes for a lot of strays.



Cloning is considered galling and appalling because of its serious consequences for the welfare of livestock because of the stresses on their bodies. In fact, the coalition government in Britain was in 2010 criticised in refusing to oppose the use of offspring of cloned livestock. The cows are likely to suffer more criticism as it brings out an idea of cattle that cannot graze in fields.















USE OF GENE BANKS, EMBRYO TRANSFER,

ARTIFICIAL INSEMINATION AND CROSS BREEDING

PROGRAMMES



The above may be useful in maintaining stable population of wildlife. They all relate to one objective, that is, reproduction process of wildlife. There have been instances of one or all of the above both in developed and developing countries. For example at Ethosa Game Reserve in Namibia, in reproducing quagga that had gone into extinction, selected zebras with weak markings in their hind legs and rumps are bred with each other, so far the first foals born are showing promising results.



Although, unlike quagga, many species do not stand a similar chance of retrieval hence, quagga recovery programme is merely a cry in the wilderness. The Huia, a New Zealand bird that went into extinction in 1907 has recently been reproduced with the use of a computer and a synthesizer.As loss of genes through extinction creates problems of substitution or replacement, ideal use of gene of species should be embraced.



ENVIRONMENTAL IMPACT ASSESSMENT PRINCIPLES AND IMPLEMENTATION



Sustainable and practical media campaigns may be the tools of the future for sensitizing the grassroots for enhanced environmental protection in the rural areas where this wildlife abound. A people oriented programme should be initiated in order to integrate the rural folks into the general thinking of government and non-governmental agencies.



Even though, government, through FEPA has made all development projects subject to environmental impact analysis under a new national policy already being implemented. Under it, Environmental Management Project (EMP) was established to strengthen Nigerian environmental organizations at all levels and to assist them in implementing their environmental programmes as well as establishing programmes of data collection to measure degradation and disseminate the information collected. Efforts should be made at implementing same according to the spirit and letters of the policy.



REGIONAL DISTRIBUTION OF RESERVES AND

NATIONAL PARKS



The existing eight National Parks and few Game Reserves in Nigeria are not enough for the management of wildlife. More regional reserves and National Parks should be created not minding the negligibility of population of game species found in a given area. The population of wildlife outside reserves is considerable enough to attract local, state or Federal Government’s attention.



The federal highways where games are displayed for sale should be made reserve where people are not allowed to do certain things inimical to the existence of the game species found in the area.



Furthermore, many game reserves should be elevated to the level of national parks as the letter seems to enjoy more of stringent or strict protection than the former apparently due to its status as a reserve. For example, Lame Burra Game Reserve in Bauchi State is a qualified candidate for this elevation.



In other words, there should be spatial distribution of the area of land allocated to wildlife conservation. The habitats to be found in and outside the reserves and parks must be managed side by side with the species of interest as viable habitats presuppose species survival.



The significance of Game Reserves and National Parks for the nation’s renewable energy and natural resources of game species and their management for sustainable yield and multiple use cannot be under estimated. The history of the National Parks and how they fared so far may serve as a guide or form of assessment for the establishment of new ones.



The regional distribution of reserves and National Parks would in no small measure (1) protect and manage the major catchment area of the parks, (2) promote, preserve, protect and manage that high bio-diversity of species of fauna and flora of the area, some of which are rare, endangered or at the verge of extinction and (3) development of ecotourism. However, ecotourism should be closely monitored as some unscrupulous foreigners invade our forests and cart away ecotourism products particularly fauna under the guise of eco-tourism.



Events leading to the upsurge of these foreigners were the discovery by the world conservation and eco-tourism organisation that most of the perceived extinct fauna and flora flourish inside the Nigerian National Parks.



If government creates more National Parks from these numerous game reserves, it will smile for doing so in the future. The government in making a sustainable use of the existing eight National Parks should balance the equation between conservation and economic realities hence, further physical development like building houses and chalets must be discouraged inside the parks and if it must happen, it should not alter the natural environment.



Furthermore, these parks and reserves are located in rural areas where survival of human communities has depended largely on their interaction with the forest resources for donkey years. Biodiversity conservation in these places must be properly handled and the National Park Service should be alive to its duty in re-orientating and rehabilitating the human communities within and around the protected areas. They should be made to appreciate the benefits attributable to the protection of natural resources in the National Parks.



CROPPING SCHEME



This will be discussed simultaneously with the concept of close and open seasons of wildlife. The system suggests a situation whereby the game species are strictly conserved for a stipulated period of time when nobody is allowed access or any contact with their habitats that is, natural environment. For example, the old Oyo Game Reserve (now National Park) was strictly conserved for ten years so as to allow the population growth of the rare species therein.



Cropping scheme is to allow recuperation of animals that have almost gone into extinction and encouraging the growth of young ones during breeding season and multiplicity of game species with high economic value for economic gain. It deals with the idea of input and harvest, the former being that of strict restriction to the reserve and the latter being financial gains from permits, licences, sales and other non-consumptive benefits.



ENFORCEABLE POLICIES AND LEGAL REGIMES ON GAME MANAGEMENT



A possible approach to this is comprehensive codification of all or most legal provisions relating to the conservation and management of the environment and natural resources of this country. Codification in this sense is not a mere reproduction and restatement of applicable statutes but a systematic consolidation and revision of the law, hence a major law making efforts especially when the conservation in this country tend to focus more on the resources to the detriment of habitats. An example of this is the 1974 Colombian Code of Renewable Natural Resources and Environment Protection and the 1983 Algerian Act on Environmental Protection.



There should be national and state strategies whilst the national strategy takes cognizance of bread themes of ecological significance, the state and local governments would have to address more germane issues. It has to be pointed out that the rural populations which depend on wildlife for their meat are consuming the capital without investing in it.



To complement the existing laws on game or wildlife preservation and environmental, functional wildlife conservation programmes, which will encompass all forms of mechanisms of game management, should be put in place and funded.



Government should also make it easier for the over-seas scientists to carry out filed research by relaxing work and research permits as they can be of help in training our biologists. The main objective would be to demonstrate to us the importance of supporting biological research on our uniquely valuable ecosystems and animal communities. These will include habitat selection, social structure, and group dynamics, social and reproductive behaviours. All these are essential parameters for the management of animal population.



Government should, apart from National Parks Service, also equip a body established for the wildlife conservation programme of complete panoply with a view to formulating management plans for dealing with large mammal populations and habitat deterioration within the National Parks and Game reserves, provide a clear insight into aspects of the populations; ecology and reproductive biology of such mammals; to develop techniques for determining age and growth rates in these animals; elucidate the feeding behaviour and strategy and also to provide basic information on the ecology of other large and smaller animals.



ENLIGHTENMENT CAMPAIGN



The key to conservation is education. Education through the help of National Orientation Agency (NOA) and non-governmental organisation should crease an enthusiasm in the minds of rural dwellers on conservation and management of wildlife awareness. NOA’s efforts are commendable in recent past on afforestation through their uniquely sonorous jingles on the negative effect of logging but much has not been done for the wildlife, forgetting the fact that forests constitute the habitats of these game species.



If National Orientation Agency (NOA) incorporates wildlife conservation in its programmes, it would have double barrel effects in the quest for the protection of the environment.



This campaign should be well funded by the government and the tentacle of its operation be spread to villages and religious heads and house to house campaign.



In the final analysis, the only sacrosanct mechanism of game management is that all of us must be ready to salvage our vast natural resources. The sympathetic case is that our laws, though appear comprehensive, are impracticable owing to the lack of public support which may be attributable to poverty on one hand and, on the other hand, non appreciation of the merits of conserving game species not only for this generation but for the generation yet unborn.

An American game official once said “I would be opposed to a law giving protection to hawks and owls of any species. I consider these birds vermin in every sense of the word and I will always contend that the only good hawk is a dead hawk, which also applies to owls. I really do not believe that there is a magistrate in the state who would be in sympathy with a law to punish persons for killing hawks and owls even though it was a law and I know there is not a court or jury in any of the counties of this state that would convict a person for killing a hawk or owl even though the law prohibited same on the statute books of this state”20

The above shows improper understanding of the benefits of game as natural resources and worse still, a game official whose primary responsibility is to protect these games. For if he knows that owls have enormous appetite for rodents, he would consider it one of the most useful birds to farmers as their virtually soundless flight, acute hearing and sight make them destroy rodents that often damage crops.

Only if he knew that if half of all species on earth disappear, new sources of scientific information will be lost and vast biological wealth will be destroyed.



It is regrettable that the members of the legislative arm that drafted game laws are not better acquainted with their habitats, hence the weak protection of their natural environment, where any exists. Game should be seen as one of the many gifts to mankind in general, therefore, any law which compels a man to but his game either before or after he shoots it is an unjust one.



In Nigeria today, the only recorded prosecutions for anti conservation act criminalised by the Endangered Species Act21 involve the killer of “Sitatunga” (Tunde-an antelope) at Lekki Centre taken before a magistrate court in Lagos State for prosecution and a Chimpanzee (Vicki). The latter offender – Mallam Baita Sani Awal Garma of Kano State was arrested at the Baissa checkpoint for illegally being in possession of Vicki and three other Tantalus monkeys without the legal document. All the animals are protected under Schedule 1 of the Appendix of the aforesaid Act.



The killer of Tunde was charged with an offence punishable with a fine of N1, 000 whereas the murdered animal was worth N3 million before its death due to its rare nature. “Vickis” kidnapper was charged with an offence under the Wild Animal Laws No. 16 of 1963 (As amended in 1975), he was sentenced to eighteen months imprisonment with an option of N2,000:00 fine which he paid but also forfeited the chimpanzee.



Kudos should be given to the judicial officers that saw sense in convicting the offenders for a breach of the Wild Animal Preservation Law whilst more praise be showered on the detectors of the crimes who, surprisingly, are not members of the Nigeria Police Force or any governmental law enforcement agents or security outfit.



This development gives respite that the need for conservation is now gaining ground in Nigeria. Even though far behind what is obtained in developed counties of the world that have recorded considerable reported cases of anti-conservation measures. For example in the 1875 case of Phelps v Racey22 which concerned the illegal possession of quail by a game dealer in New York City. The case was successfully prosecuted by Charles Whitehead, counsel for the New York for many years until his death in 1903. The case formed the basis of almost all legal works done on game protection in the United States. Even, the New York Court of Appeal sustained the dealer’s conviction.



The State Courts in the interest of protecting the local populations upheld the application of laws prohibiting possession and sale of imported game. The St. Louis Court of Appeal opined in State v Randolph (1876) 1 MO APP. 17 that “we see nothing unconstitutional in the act. The game law would be nugatory, if, during the prohibited season, game could be imported from the neighbouring state”.



The conservation projects that offer a genuine alternative to the continued over-consumption of natural capital are those that combined human development with environmental concerns in such a way that one will not adversely affect the other.



Whether or not Nigerians are law abiding is a mute point. At least legislation abounds notwithstanding the inherent lapses in them. The availability of this legislation should apprise us that our interaction with the habitats of these game species should be guided by the rules and regulations considering man’s propensity for abuses. Conservation actually exists to ensure sustainable development. A development that meets the needs of the present without compromising the opportunities for future generations to meet theirs should be embraced and jealously nurtured. Environmental conservation and loss of habitat and biodiversity in Nigeria is a very big challenge that is made worse by indiscipline, government’s insensitivity of lack of appreciation of the imperishable values of game species and lack of organisation in the land.



Some Nigerians now are being implicated in poaching activities within the National Parks and Reserves whilst the decimation of animal population in unreserved areas is colossal. Implications of Nigerians in wildlife trafficking is rife around the globe and they also assist other nefarious countries in illegally exporting theirs. Even though, the dastardly acts are shamelessly attributable to high rate of poverty in the country, the situation is not devoid of control. The irony of it is that the major players in the acts of depleting wildlife population leading to the destruction of the attendant benefit of renewable energy are not poor but are either greedy or vandals.



I am not oblivious of the importance of firewood to the rural dwellers but the effect of logging is more devastating on the wildlife habitat than the firewood collection and usage in rural communities. Those involved in logging business are well-to-do Nigerian, some of which are government officials who sacrifice the future of this country on the altar of their self centeredness and corrupt enrichment.



To combat that scourge of wildlife depletion, habitat loss, biodiversity and ecosystem loss and the natural environmental pollution, the problems if governance and legislation enforcement must be addressed with all sincerity of purpose. This will require a modified government policy that would comprehensively accommodate the values of maintaining sustainable yield of flora and fauna population. Strengthening of the civil societies, building the institutional capacity and training of the natural resource staff should be given a place of pride by the government.



Ancillary to the above is to decisively address the fundamental problems of poverty in the rural communities, as wildlife or game species outside the protected areas may not survive in Nigeria amid a sea of poverty. Wildlife is like an island of affluence in a sea of poverty.



Only conservation projects that offer a genuine and enduring alternative to the continued over consumption of natural capital should be encouraged and properly funded so that human development and environmental concerns are profitably combined. We cannot stand aloof from or show insensitivity to what is happening in other counties of the world. Most treaties and protocols relevant and useful to the proper game management are still begging for constitutional approval to become part of our municipal laws. The cries of young and old on the need to ratify Kyoto Protocol have for long rented the air.



In other words, Federal Government should emulate other developed countries where ideal game management exist by adopting all relevant treaties for if otherwise; the abuse and mismanagement of animals resources through environmental pollution, wildlife smuggling, trade and trafficking may become an uncontrollable monster and this would have contagious detrimental effects on socio-economic and educational progress of the country. In doing this, existing statutes should be thoroughly reviewed to bring them in conformity with realities of modern wildlife management and maintenance of natural resources whilst a special court be established to try animal related offences.



The Federal Government should be more interested in forestalling the occurrence of problems associated with the abuse of animal rights and anti-game management activities like illegal trade in Nigeria’s rare and endangered wildlife and cruel treatment of animals rather than finding solutions to problems when created. Lately however, the Nigerian government woke up from its sleep (after a colossal loss of considerable number of flora and fauna) through the saga of an Egypto-Nigerian woman who was alleged to have exported a baby Gorilla and a Chimpanzee without a permit which animals were drowned in a vat of chemicals in 2001. Apart from that, four lowland gorillas from Nigeria were illegally exported to A Zoo in Malaysia in January 2002 and 191 Royal pythons which were being illegally exported to the United States of America through Nigeria from Benin Republic were impounded in the United Kingdom.



The foregoing prompted the Federal Government to take some measures to arrest future occurrence of the unfortunate incidents by



1. Strengthening the CITES enforcement at the nation’s ports/borders;



2. Maintaining of a moratorium of the issuance of CITES permits instituted since 1999;



3. Accelerating completion of the on-going review of wildlife regulations towards enhanced enforcement; and



4. Establishing a committee to investigate the current incident in order to bring the culprits to book.



The above measures appear plausible but their actualization particularly that of the Committee’s responsibility remains haphazard as no success has been recorded by the Committee till date.



Owing to the government’s lip service to the conservative measures, the CITES and the international conservation body at its 53rd yearly convention in Geneva, Switzerland suspended Nigeria from June 27-July 1, 2005 from all trade in endangered species on a good reason that Nigeria had not done enough in the conservation of its endangered and rare species of flora and fauna albeit with a condition that the ban may be lifted if Nigeria tackled smuggling in endangered species23.



Before now, the report of World Bank sponsored project tagged “Capacity Assessment of some protected areas in Nigeria” although scored Nigeria low in terms of development attributable to its swollen population which developments have affected the natural habitats of the animals many of which are rare and/or endangered; it however had encouraging words in terms of what the National Parks offer for conservation at least compared to other African countries like Kenya and Tanzania24.





FOOTNOTES



1. Ibid.

2. Ibid.

3. A species of fish.

4. James A Tober- Who owns the wildlife. Pages 1 – 3.

5. Times Magazine – 19th September 1994.

6. Theodora Colborn (of world wildlife fund).

7. Times Magazine- September 19th 1994.

*a. Awake magazine, August 8, 1998.

8. The Guardian, Friday, January 19th 1996 page 13.

9. Ibid.

11. Ibid.

12. Ibid.

13. Porter and Lane – Notes for breeders of common Laboratory Animals published in 1962 by Academic press P.203.

14. Ibid.

15. Performed without pain remover drug or tranquilizing drug.

16. (1938) 60 C.L.R. 150.

17. Ibid.

18. Ibid

19. The Agricultural and Food Research Council (AFRC) News July, 1989.

*b. Awake, August 22, 2005 P.29.

20. Transaction of the fifteenth National Conference 1928. P. 46.

21. Ibid.

22. (1875) 60 N.Y. 10

23. The Guardian, Monday, July 25th, 2005 pp 1 and 4.

24. Nigerian Tribune, Wednesday 13th March, 2002.pg 20.