NEW! REVISED EDITION- CHAPTER 5- LEGAL FRAMEWORK FOR ANIMAL RIGHTS AND GAME MANAGEMENT IN NIGERIA

CHAPTER 5

THE ANIMAL RIGHTS, GAME MANAGEMENT AND DEVELOPMENT QUESTION

INTRODUCTION

        Owing to the indispensability of the country’s natural resources for a viable economy and wealth, a rational approach in the use of land and natural resources is a necessity for their sustainability.  The need to guarantee the existence of basic and good game management is paramount.  A good game management is an essential instrument for a sustainable development as it is projected to meet the needs of the present generation without compromising its benefits for the future generation. 

It should be a priority to maintain a balance among the quality and proactive capacity of the environment, the natural resources, the human population density and the systems of production.  Proper use of land, water and air form the basis for the past and present human interaction and the effects of such interaction with the natural resources and the environment is an indispensable tool for natural and sustainable allocation of renewable resources and energy for future development.In Nigeria, all land development programmes, policies and projects have evolved without the requisite appreciation of the values inherent in game management.

       

        Good game management is very essential in abridging the space between resources utilization and conservation of the resources.  The wealth of any nation is a function of the state of its natural resources of which the economic potentials are propelled by technology.  Conservation which means saving or careful management of natural resources, involve the exploitation of our valuable natural endowments in such a way that they serve us better and longer than they would otherwise. 

                                                              

        As said in the early chapters of this work, game, apart from the fact that it constitutes a renewable natural resource, also forms a source of renewable energy if properly managed.

        The management is in the sense of its improvement of livestock or domestic animals.  It should be noted however that today’s domestic animals have their progenitors in the wilderness.  Our livestock are products of the wild. Apart from dog, the Yorubas also give domestic fowl names such as “Goloba”, “Asa”, “Abolorun”, “Opipi”. The exotic breeds include New Hampshire, the Plymouth Rock, the Rhode Island Red, Wyandotte, Cornish, Orpington, Speckled, Sussex, Australorp, White Leghorn are all descendants of Red Jungle Fowl of Asia.

Domestication is a process. Domestication as defined in the Oxford English Dictionary is to tame to reclaim (an animal or plant) from a wild state.  The distinction which is usually made between domestication and taming is that the former includes controls of the reproductive phase of the life cycle and selection of precuts whilst taming does not. Taming is the practice of eliminating the desire of an animal to flee and possibly of training the animal to perform some useful function. On the basis of what is known about the inheritance of characters it is reasonable to assume that those animals which could be most easily tamed would be the ones most likely to reproduce in captivity and so form the basis of a domesticated group.  Thus it is clear that any species which is domesticated has at some stage passed through a period of taming.

Animal domestication is a part of the whole process of agricultural development which commenced at the end of the Paleolithic or Old Stone Age and the beginning of the Neolithic or new Stone Age.  Obviously, it is not possible to be specific about dates on these matters but the process started around 1500B.C. There is evidence that the first animals to be domesticated, the dog and the rein deer were probably domesticated prior to at the commencement of agricultural development but that other species are more recent domesticates.

 It is known that agricultural development occurred independently at two man centres in the world one of these other referred to as the Fertile Crescent or Nuclear Asia is an area now represented by parts of Israel, Syria, Iraqi, Eastern Turkey and Northern Iran., the other centre which has been called Nuclear America, is an area which extends from Mexico the North American Continent through the Panamanian Isthmus to Ecuador, Colombia and Peru in the South American Continent.

        In recent past, it has been recorded that most of the game species not known to domestication some hundred years ago have started undergoing domestication and thus assume the status of domestic animals.

        The implication of this is that the energy derived at cattle shed slurries, pigry washings and abattoir waste would be complemented by the introduction of new game species into livestock.

        For instance, eland, a native African ungulate is now being conserved and managed as a source of food like other livestock in some African countries, particularly, Kenya.  The wild ungulates are naturally immuned or highly resistant to a number of diseases that afflict domestic cattle stock.  In terms of meat production and reproduction, the wild ungulates have a higher rate of flesh to body weight than domestic cattle and are highly prolific.

BIOGAS AS A SOURCE OF ENERGY AND

 NATION DEVELOPMENT

        Biogas shares some of the disadvantages of fossil fuels in that when burnt, produces pollutants such as waste gases, some of which are toxic.  These can be reduced by chemical processes before releasing the remainder into the atmosphere.

        The quantities involved are insignificant compared with other sources. Carbon dioxide - the “green house gas” is largely responsible for global warming is also released.  However, this originates from plants which have absorbed it from the atmosphere, so no additional carbon dioxide is involved.

        Decomposing materials produce some very unpleasant smells, and by capturing and using a large proportion of the biogas this effect can be greatly reduced- an important consideration- if the site is near a dwelling house.

        Inspite of the above, Biogas is readily available as a by product of waste for little extra investment.  By using it, we widen the source of energy resources and also help to dispose of the organic components of domestic and industrial waste.

        Since biogas is a high quality fuel, it can be used for many purposes including generating electricity, pumping water, agro processing etc.

        An excellent way to extract the maximum benefit from biogas is to make use of the waste heat that results from generating electricity, using a combined heat and power (CHP) plant.

        CHP or co-generation can be applied to generation on any scale, although at present, the economics tend to favour larger plants with an output of around half a megawatt or more.  Some commercial biogas stations in the U.K are of this type, supplying district heating to communities nearby.

        CHP can also be used to supply both heat and electricity to sites such as hospitals, light industrial units or commercial green houses.  Two types of biogas engine are in common use for electricity generation.  Small installations may use an internal combustion engine.  This works in the same way as a four-stroke petrol engine in a vehicle.  Each piston is driven down in turn by the expansion of a burning mixture of gas and air.  

       

        Larger plants normally use a gas turbine engine.  In this, a continuous flow of burning gas and air mixture expands through the multiple vanes of a turbine, spinning the turbine shaft.

        In either case, the engine drives a generation, which produces an alternating current for use locally or to supply the national grid.

        In Nigeria, electric power is generated by hydro and thermal means which include steam, gas and diesel with only Ughelli and Afam making use of gas. The National Electricity Power Authority (NEPA) now Power Holding Company Nigeria (PHCN) average daily power generation shows that Afam generates 210.70 MW.

        As a result of the simplicity and renewability of biogas, many countries have set out a policy of targeting renewable energy by the middle of this millennium.  For example, the U.K government has set a national target of 1,500 NW (DNC) new electricity generating capacity from renewable energy sources in the year 2000.  As of 1994, statistics for biogas power stations in the U.K. with output capacity range from 0.8-11 MW Landfill gas and 8.55 MW of sewage gas.

        In Nigeria however, the Federal Government already has a policy in place that 1,000 megawatts will be added to the national grid on annual basis, hence the award of contract to Siemens to construct the new station at Geregu, Kogi State, an over 360 million U.S. Dollars Gas Turbine Power Plant.

        Biogas could contribute to achieving these targets.  Biogas is somewhat higher than air, and has an ignition temperature of approximately 700⁰C (diesel oil 350⁰C, petrol and propane about 500⁰C).  The temperature of biogas flame is 870⁰C.  One cubic metre of biogas generates 5,500kcal corresponding to the thermal power of 0.6 litres of diesel fuel¹.

        Lighting and cooking Biogas can be used like any other combustible gas. Considerable number of the people in rural settlements uses kerosene for lighting lamps.  In the developing countries, women spend many hours collecting firewood.  This is a big burden on them and their time could be used for other productive enterprise.

        Biogas seems to be the most logical source of cheap energy in solving the major problems for people who are economically or geographically disadvantaged in getting or affording electricity or fossil fuel for cooking and lighting.

        The environment is being destroyed by the demand for firewood and to avoid the catastrophe, it has to be protected on way or the other.  Cooking with firewood produces lot of smoke, which is bad for the health of the women who tend the kitchen fire.  The smoke pollutes the air thereby causing problems with lungs, eyes etc. It is also believed that biogas will help in reducing deforestation as majority of the biogas owners use the gas for cooking.

       

The main use of biogas at present is for domestic purposes such as cooking and lighting.  Biogas can be used with suitable designed burners to give a clean, smokeless blue flame, which is ideal for cooking. It has been estimated that more than 87% of the people in Nepal use firewood for cooking.  After installation of biogas, firewood consumption has been greatly reduced.  This was shown by a comparative analysis made on firewood consumption before and after biogas installation.  Firewood is saved after biogas installation.  A study conducted by REDP in year 2000 has shown that roughly, this saves about 64% of the firewood consumption after installation of about 800 biogas plants.

RENEWABLE NATURAL RESOURCES

        As said in the early chapter of this work that game species or wildlife is a product of habitats which include forest, the ocean and rivers, the soil and its contents and composition and all other elements of the biosphere which are particularly utilised by man are natural resources.  It is renewable depending on how it is managed because for instance, disappearance without hope of recreating them may make them not renewable.  In reality, it is difficult to have complete disappearance without the hope of recreating them in view of the global sensitivity to conservation. 

Even though record has shown that some species of dinosaurs that dominated the earth for over 165 million years during Mesozoic era but mysteriously went into extinction about 65 million years ago probably because of the environmental and climatic changes brought about by an asteroid hitting the earth to which dinosaurs could not adapt².  Quagga also has gone into extinction.  Although, the hope of bringing back Quagga is alive, the global awareness of their usefulness today gives a respite that such situation would never arise again having regard to the development of biotechnology and various effects of both governmental and non-governmental policies in conservation of the endangered species.

        For Quagga, the chances of ever seeing it ended in Amsterdam zoo on August 12, 1883 when the last of this creature died.  What a the front and also mistaken for horse viewed from behind at one time existed across South Africa, when the first bushmen and Hottentot tribes of South Africa heard the quagga cough like bark, they were so amused that it was only natural to name them after the sound they made.  Sadly, during the 19^th century, the reverberating crack of the hunter’s gun ensured that quagga would join the silent ranks of the extinct until recently at Etosha Game Reserve in Namibia where a chance of retrieval was explored with promising result.

        Notwithstanding the above, wildlife is renewable natural resources and can be maintained more or less permanently depending on the way they are used.  In other words, they remain as long as they are removed at rates commensurate with their formation and the ecosystem maintained for their perpetuity.

        The benefits are in form of contributions reflective of both economic and non-economic indicator.  A natural endowment such as game species only become a resource when man is able to discover the socio-economic potential of it and thus utilise it to his advantage.

        Through the protection of their habitat, hydrological systems are stabilised, soil is protected, climate is stable, another form of renewable resources is protected, genetic resources is protected, breeding stocks, population resources and biological diversity are preserved, tourism and recreation are supported, employment opportunities created and facilities for research education are protected.

        The combination of renewable natural resources and ecological services described may be considered as the biological resources endowment of the country, the natural capital in which economic growth is based. This endowment is based on genes, species and ecosystems, which have actual or potential value to people. Biological resources are manifested as biological diversity.  This term refers to the variety of numbers and prevalence of ecosystems diversity.

       

        The non-consumptive benefit of wildlife as renewable natural resources is tourism and recreation, which have been known to the important sources of revenue.  Estimates of the actual contribution made by components of the ecosystem in eco-tourism have only recently been calculated.  Statistics show that foreign tourists in Zambia has increased to nearly 264,000 in 1996 from about 160,000 in 1995, a 60% increase in 1997, it increased to nearly 341,000,29% increase over 1996.  Tourism revenue also increased from 59.8 million Dollars in 1996 to 75.5 million Dollars in 1997.

        Generally, the development of tourism borders on two fundamental factors of supply and demand.  These two factors are adequately catered for by the Nigerian environment.  There are numerous potential tourist attractions and this accounted for the 30 million naira realized by National Parks in 2001.  Game reserves provide unique environment which attract the tourists to the excitement of seeing wildlife at a close range.  One of the most important sources of revenue in East Africa is tourism through wildlife.  In Kenya, next to agriculture is tourism as about 961 million Dollars was realised in 1989.

        In Medicine, wildlife has proved to be an indispensable tool.  Business is good at the Ruili bear farm is South Western China, near the border of Miyanmar.  In a long factory like building, 300 bears are kept in cages of about one square metre.  They are harnessed into metal suits like body-armour, with a built-in pouch for collecting their most valuable excretion-bile from their gall bladder, a highly prized remedy in traditional Chinese medicine³.

        Bear bile is used to treat a range of complaints such as cancer, hemorrhoids, conjunctivitis and sinusitis.  The gall bladders are used for serious liver diseases including cancer and cirrhosis.

        In the same vein, snail, a muscular soft bodied creature with a visceral mass, apart from offering itself to carnivorous man for meat as a rich protein, iron and calcium sources, the shell, a zinc repository is said to be good for weight loss, and prostrate health and the slimy secretion is a therapeutic agent for several ailments.  The ecological name of snail is Achatina.  It is know by different names in three major ethnic groups in Nigeria.  The Yoruba call it “Igbin”, Igbo call it “Ejuna” and Hausa – “Akhusa”.

Despite its culinary value, that is, meat, the snail according to traditional medical practitioners possesses valuable therapeutic effects.  For pregnant women, it is a source of non-calcium and the venom offers healing potentials for the treatment of wide range of ailment such as stroke, hemiglegia, migraine, high blood pressure, heartbeat and diabetics.  It is a pregnancy fortifier for the viability of the foetus basically to prevent miscarriage.  The slimy irritating substance, the bluish substance that drops when the snail is cut from the rear is actually the “serum” of the snail which is employed in the traditional medicine in the treatment of stroke.  Snail is used to stop bleeding during circumcision in Yoruba land.  The land snail, which is the commonly preferred species, is one out of its kind, which belongs to Gastropod class.

Most very young children respond to animals with spontaneous, instant and concentrated fascination.  Whether babies see cats as fellow beings or vice-versa, or both is another issue.  What is beyond doubt is that there is a quite remarkable degree of mutual interest and friendly tolerance between these very disparate species. As a child matures, this pristine and innocent interest changes but does not wane.  At heart other things being equal, most children and many adults find animals fascinating to a quite extra ordinary degree.

Reportedly^3a, an autistic son refused to speak or even smile until a stray cat called Benny-boo changed his life.  The cat transformed the life of 10 year old autistic George who could barely hold a conversation or even smile would learn to communicate, laugh and show affection due to his relationship with the cat he named Ben.

Autism suffered by George is said to affect over 1.2 million Nigerians. It is not a disease but a childhood developmental disorder that could be effectively managed.  Dr. Annan Lamikanra at the Guaranty Trust bank Autism Spectrum Disorders seminar organised by the organisation for parents, caregivers and doctors of people living with the disorders in Lagos said “Autism is Autism”.  It is not a disease . It is neither infectious nor curable but the causes are yet unknown.  However, the symptoms include restricted and repetitive behaviour or speech, incoherent conversations with imaginary people and erratic behaviour⁴.

Little did Dr. Anna Lamikanra know that cat, in far away Hounslow, South-West London cured this disorder permanently and  changed forever the life of George, a child whose behaviour was strange by hiding behind sofa when the news came on television (he thought the news-reader was staring at him).  He would not eat food if it was touching another item on his plate.  He would merely repeat words over and over and was aggressive towards other children. George first began to speak to Ben (cat) in a way he never had before, telling stories and sharing his thoughts and worries.  As George gets older he used his cat voice less and his real voice more and they became inseparable. 

Wildlife also creates job opportunities.  The ceaseless campaign to stem the scourge of poverty and high unemployment rate in the country may infuse a fresh impetus from the government to repackage agricultural development programmers with emphasis on snailry and cane rat farm settlements, a sector of micro livestock propagation.  Cane rats are indigenous to our environment and any serious minded unemployed person can breed them as a profitable venture.  Cane rat is disease resistant, highly prolific and fast growing with high protein and low cholesterol contents.  It also attracts high market value.

Animals are kept as “pets” thereby serving as “educational aids” from birth to death in human communities where contact with the undoubted reality which they bring would otherwise be denied. The keeping of animals helps foster the “finer emotions” of love, affection, empathy, respect and even fear for the various forms of life.

The involvement of young children in the keeping of animals helps to instill in them a sense of personal responsibility.  They relate their own subordinate position in life to that of the small animals in their care, which depend wholly upon them. Realising the animal’s needs increases the children sense of personal responsibility thereby elevating their own status in some cases, especially with emotionally disturbed children. Animals may become transitional object offering a stable base in times of stress.

FOOTNOTES

1.     http:/www.superflex.dk/supergas/bioga.shtm/.

2.     htp/.www.enchantedlearning.com/subjects/dinosaurs/allabout.

3.     The Economist, November 9^th 1996. Page 84.

3a.    Daily Mail, Saturday, November 20, 2010 pages 64 and 65.

4.     The Punch,Wednesday, April 6, 2011. page 57.

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THE BOOK-ANIMAL RIGHTS IN NIGERIA-PREFACE BY CHIEF "FOLAKE SOLANKE SAN, LL.D,OFR, CON

PREFACE

          It gives me much pleasure to write the Preface for this book upon the specific request of the Author.  The title of the book, namely:-

“Legal Framework for Animal Rights and Game Management in Nigeria” –

is derived from a combination of the two titles of the Author’s long Essays for his first and master’s degrees respectively.

          The first Essay:-

          “A Critical Appraisal of Animal Rights in Nigeria” was written in 1997, and the second Essay:-

          “Legal Framework for Game Management  for Renewable Energy under Nigerian and International Law” was written in 2003.

          In 1990, as a first year undergraduate at the Obafemi Awolowo University, Ile-Ife, Nigeria, the author embarked on a research work leading to the writing of the book.  The book is quite unique, and the title most fascinating.  It deals with an important aspect of the law, but which, alas, attracts scant attention or interest in many quarters, even among many lawyers.

          As I read the draft of the text, I was impressed with the author’s extraordinary and sustained interest in, and sensitivity to animal rights, his total commitment to, and compassion for the protection of wild life, and their natural habitat.  Thus, for him, the concept of animal rights is not a laughing matter.

          The author emphasizes the different roles designed by God for all His creatures on this planet Earth – which, so far as we know now, is the only abode for human beings and animals.  Indeed, anyone with such a stupendous interest in the subject-matter must also love nature passionately.  The author’s deep concern for the survival of the environment and all the natural resources therein, is unmistakable.

          Anyone reading the book cannot, but be impressed, by the intensity of the author’s passion for, and his depth of knowledge or the subject matter.  He relied “in extenso” on local, foreign and international laws, Conventions, Declarations and decided cases.  That global approach is highly commendable because, regardless of what anyone might think or say, we have only one environment and there is only one world for all of us.  Thus, the book is of world relevance, even though the main thrust is, understandably, on the Nigerian situation and experience.  Consequently, all environmentalists should find the book instructive, and germane to their conservation efforts to promote sustainable development in order to save the ecosystem from irreversible damage and halt loss of habitat.

          The book draws the reader’s attention to the responsibility of individuals and governments towards animal rights and game management.  He was at pains to distinguish between tame or domesticated animals (“domitae or mansuetae  naturae”), and animals of a wild nature (“ferae naturae’), and, in that context, what our attitude towards each class should be.  He also dealt with the revenue and other benefits derived from the earth’s natural resources. Indeed, people and animals are better served from a benevolent attitude to, and treatment of animals.  In Chapter 2, on page 44, the author warns human beings against mistreating animals so as “not to incur the wrath of Allah for not protecting what Allah has entrusted to us”.

          It is noteworthy that, although the author is of the Islamic faith, he was quite comfortable to quote quite copiously from, and rely on, both Quranic and Biblical pronouncements in support of his postulations.  I dare say that nature belongs to all faiths!  It could be assumed from the text of the book, that the author prefers the theory of God’s creation of the universe to that of Darwin’s theory of evolution of the origin of the world.  He even refers to Noah’s ark on page 51! And, the Bible also gives an injunction in Rev. 7:3:-

          “Hurt not the earth, neither the sea, nor the trees …”

          The author refers to the close attachment of Africans to their land which is their source of food and water.  It is imperative therefore that the earth must be protected.  A profound African “dictum” says:-

“The earth was not given to us by our ancestors, but loaned to us by our children”.

The essence of that statement is to remind us that we are trustees of the land – the environment – for future generations.  Consequently, the devastating floods in some parts of the world including Nigeria, and other major global threats posed by global warming are serious warnings to mankind to beware.  Thus, even the love for venison (bush meat) is no licence to slaughter animals with reckless abandon.  The different species of God’s creation must be protected from extinction.  A few years ago, a husband and wife were given severe jail sentences in London for selling cooked venison in their restaurant, an offence under British laws protecting threatened species of animals from extinction.

It was quite interesting to read about the killy – loo bird on page 38 thus:-

“… a killy – loo bird which flies forward, but looks backward makes an easy explanation of the doctrine of judicial precedents in the study of law.  This principle has been likened to the bird by some eminent jurists”.

Really amazing stuff!

          The author is convinced that humans have a lot of learn from animals and has used the 2005 “Tsunami” disaster in South East Asia as an illustration.  On page 249, the author refers to a report by the Cable News Network (CNN) thus:-

          “… The CNN further reported that the wild birds were first to head for higher ground long before the seas hit the land.  The birds perched on the high trees on the highest ground on each particular island, towering high above man’s impertinence to the impending calamity.

          All the other wild animals took their cue from the birds and headed for the highest ground …”

According to the report, no wild animal was a casualty of the Tsunami!

          The author also treats the ownership rights of a federal government and state governments in relation to the earth’s natural resources in the sea, land and air.  Concerning the “locus classicus” case* of the Attorney-General of the Federation v Attorney-General (Abia) & Ors., on “Resource Control”, Oludayo Gabriel Amokaye, in his Paper,** observed “inter alia” thus:

“The decision in this case though (sic) provides more revenue and power for the federal government from offshore oil resources; it equally imposes corresponding, though subsidiary, environmental obligations on the federal government.  Some of these corresponding environmental obligations that would confront the federal authorities in the exercise of its expansive sovereignty over the offshore resources include, but not limited to sustainable management of marine ecosystem, pollution control arising from offshore oil explorative and productive activities, wetland management, criminal enforcement of offshore environmental crime and other ancillary international environmental obligations”.  (emphasis mine).

Of course, a judicial decision of the apex court with such fundamental and monumental impact on a nation’s natural  resources, as a source of revenue, must be controversial.  It remains so.

          In Genesis 1:26 it is written thus:-

“And God said: Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over the earth, and over every creeping thing that creepeth upon the earth”.

Although God generously gave man dominion over the earth, man must hold that right sacred.  We owe it as a duty to God not to mismanage or desecrate God’s inestimable gifts.  We must live in harmony with the animals by respecting their rights and avoiding cruelty to them.  Certainly, our fate is irretrievably bound to theirs.  It is therefore obligatory for us to teach our children to be kind to animals.

          By way of an example, it is cruel and indefensible to engage in any sport in which animals, e.g., dogs fight each other until one surrenders or is killed by the other, for the entertainment of sadistic people.  Article 1(c) of the United Nations (UN) Declaration of the Rights of Animals 1978 forbids such sport and/or entertainment.  The Declaration also declares “inter alia” that “all animals are born equal and they have the same rights”, which must “be respected”, and “Man, like the animal species, cannot assume the right to exterminate other animals which they should protect”.

          In 1992, the United Nations held the world UN Conference on Environmental and Development (UNCED)* in Rio de Jenairo.   All Environmental issues were thoroughly canvassed and a document – “UNCED Agenda 21” – was produced by that global Earth Summit.  The goals stated in the document were designed to empower men and women to create a healthier planet for all generations.  That Conference introduced the term “sustainable development” into the world lexicon.  Governments and Non Governmental Organizations (NGOs) sensitive to the environment would do well to retrieve their copies of the Report from their office shelves and cabinets, dust off the cobwebs and implement Agenda 21.  This book should remind us of the UNCED goals to save the environment from further pollution and degradation.

          Our current traumatic experience in the Delta Region of our beloved country imposes on us a national imperative to reverse the horrific ruination of the environment caused by oil exploration and exploitation for more than five decades.  Indeed, Section 20 of the 1999 Constitution of the Federal Republic of Nigeria provides as follows:-

“The State shall protect and improve the environment and safeguard the water, air, land, forest and wild life of Nigeria”.

Two of the important Nigerian statutes enacted under the Constitution, to protect the environment are:-

·        the Federal Environmental Protection Agency Act 1988; and

·        the Environmental Impact Assessment Act 1992.

The provisions of the Constitution, and all the legislations promulgated thereunder, must be enforced more robustly for a more congenial environment.

          Our mode of transportation and slaughter of animals is a scandalous example of the total disregard of people towards animal life.  Laws must be enacted and enforced to regulate the number of cows loaded anyhow into a lorry.  The lamentable suffering of those animals, who are twisted and strangled with ropes while crushed and cramped in the back of a vehicle is a sad commentary on our nonchalant attitude to animal rights.  The actual method of slaughtering is inhumane.  It should not be so.  An animal can be stunned with a stungun and, when unconscious, then humanely killed with sharp knife.  The callous and insensitive treatment of animals also dehumanizes the butchers and other slaughter house workers.  A human being who slaughters an animal in a cruel manner, without any feeling for the hapless creature, has shut down his own conscience.

          The author has produced a resource material, not only for all environmentalists, but also for governments, the entire legal profession and all who care for our one and only Planet Earth.

I so recommend it.

          Dated this 6^th day of September 2007

Chief ‘Folake Solanke SAN

Legal Practittioner

LLD (“honoris causa”)

         

---

* 2002 6 NWLR Part 764 p.542

** “Sovereignty and Jurisdiction Over Offshore Natural Resources in a Federal State: A Case Study of Nigeria” being a Contribution to the book: Current Perspective in Law, Justice and Development in honour of the Honourable Justice S.M.A. Belgore former Chief Justice of Nigeria edited by Adedotun Onibokun and Ademola O. Popoola. Page 265

*

* Earth Summit

ANIMAL RIGHTS-FOREWORD TO THE BOOK BY PROFESSOR D.A.IJALAYE, SAN,FNIALS,FNSIL

FOREWORD

            This Book of seven Chapters which deals with Legal Framework For Animal Rights And Game Management In Nigeria is unique in the sense that as far as I know, this is the first major work in Nigeria on Animal Rights.

            The author has shown a good grasp of the subject matter of this Book by rightly observing at the outset as follows:

“One may wonder a little whether the concept of duty and right that is peculiar to person is applicable to animals. Undoubtedly, certain legal restrictions are placed on human beings in their dealings with animals and these restrictions form the core of animal rights.”  [See Page 3 of the Book]

            It is submitted that this observation is correct.  For example, such restrictions on human beings in favour of animals  have long been recognized by  the holy scriptures.  Hence The Bible states in Exodus Chapter 22  verse  19 –

“Whosoever lieth with a beast shall surely be put to death.”

            The Nigerian Criminal Code, recognizes this conduct as reprehensible but  however,  stipulates  a  lesser punishment by providing in its Section 214(2) as follows:

“Any person who has carnal knowledge of an animal is guilty of an offence and is liable to imprisonment for 14 years.”  [Cap C.38 Laws of The Federation of Nigeria, 2004].”

            In its wisdom, The United Nations General Assembly promulgated the Universal  Declaration  of  Human  Rights in 1948 and this has formed the basis  of  the Fundamental  Human Rights Provisions now to be found in all the Constitutions of the various countries of the world.  For example, this is now Chapter IV of the  Constitution  of The  Federal Republic of Nigeria, 1999.  Thirty years later and in a similar vein, the same United Nations promulgated the Universal Declaration of Animal Rights of 1978.

            One cannot therefore resist the urge of asking the rhetorical question –

Why is the world body virtually giving parity of rights to human beings and animals?

            The answer to this rhetorical question would appear to be found in the holy scriptures.  In this connection, the Bible in Ecclesiastes Chapter 3 verses 18, 19 and 20 provides as follows:

“18. I said in my heart concerning the estate of the sons of men, that God might manifest them and that they themselves are beasts.”

“19.  For that which befalleth the sons of men befalleth beasts; even one thing befalleth them; as the one dieth, so dieth the other; yea, they have all one breath; so that a man hath no preeminence above a beast: for all is vanity.”

“20. All go to one place, all are of the dust, and all return to dust again.”

            In the light of the foregoing, it is necessary to examine a few of the salient  provisions  of  the  Universal Declaration of Animal Rights discussed in great details in this very good Book.

            Articles 2(b) provides:

                        “Man, like the animal species, cannot assume the

                        Right  to exterminate  other animals or to exploit

                        them thereby violating this right.”

            It follows from this provision that endangered species should be specially protected.

Article 3(b) provides:

                        “If  death of an animal is necessary, this should be

                        Sudden without fear or pain.”

            This means that when it is necessary to kill an animal, it must be instantaneous, painless and cause no apprehension to the animal.  In this connection, the author has specially noted at page 45 of the Book as follows:

“It is Allah’s commandment that in the course of killing  animal  for sacrifice during Idel-Kabir, a very  sharp  object must be used to cut the neck once so that the animal will not  feel the pain.  To use  an object not capable of cutting the neck once is unacceptable worship to Allah.”

Articles 8(a) and (b) provide:

                        “Experiments on animals that cause physical and                        mental pain, are incompatible with animal rights                      even if it is for medical, scientific or any other                 kind of experiment.

(b)   A substitute technique must be investigated and developed.”

            In this connection, The Times of London recently reported on Sunday July 29 2007  that scientists  had created the world’s first schizophrenic mice in an attempt to gain a better understanding of mental illness.  This was believed  to  be  the  first  time  an  animal has  been  genetically  engineered to have a mental illness.  It is pertinent to observe that Animal Rights campaigners  have   vehemently   condemned   the   research  saying  that  it  is morally repugnant to create an animal doomed to mental suffering.  [See The Nation, Monday July 30 2007 at pages 1 and 2].

            Articles 2(a) and 13(a) provide:

2(a) “Every animal has the right to be respected.”

13(a) “Dead animals must be treated with respect.”

            These two articles have prompted the author at page 250 of this Book to comment on a recent incident that happened in Nigeria:

   “It is worthy of note to mention the emotional    activities of the daughter of late Dr. Beko    Ransome Kuti-Nike who was reported to have             shunned food for days for the death of her dog;              took her dead German shephered dog (Alsatian)           carcass to the Lagos University Teaching Hospital        Mortuary for two days and thereafter retrieved it

   and gave it a befitting burial.  Little did she know           that she was complying with Articles 2(a) and 13(a) of the United Nations Universal Declaration         of Animal Rights of 1978”.  [See This Day,    Thursday  September 24 1998].

            All things considered, this is a very good book.  It is well researched and well written.  In my considered view, it constitutes a curtain raiser in the field of Animal Rights under Nigerian Law.  The writer therefore deserves commendation for this initiative of venturing into a legal study which is novel, difficult but very interesting and hopefully rewarding.

            Finally, I commend this Book to the reading public especially the relevant Government functionaries at both National and State levels, researchers, religious organizations, Law Teachers, Law Students and members of the Bar and the Bench.

                        Professor D.A. Ijalaye, SAN, FNIALS, FNSIL,

                        Emeritus Professor of Law.