Delta State Livestock Breeding, Rearing and Marketing Regulation Law, 2021

DELTA STATE LIVESTOCK BREEDING, REARING AND MARKETING REGULATION LAW, 2021.

1. Short Title. (1) This Law may be cited as the Delta State Livestock Breeding, Rearing and Marketing Regulation Law, 2021. (2) This Law shall come into force on such date as the Governor may give his assent provided that different commencement dates may be appointed to different provisions of this Law and any reference in any such provision to the commencement of this Law shall be construed as a reference to the coming into force of that provision.

2. Interpretation. In this Law: "At Large" means Livestock that is not securely confined within: (i) a designated area; (ii) private ranch; or (iii) a vehicle between the hours of 6:00am and 7:00pm; "Commissioner" means the Commissioner in charge of Agriculture and Natural Resources in the State; "Committee" means Livestock Management Committee; "Designated Area" includes ranches, feedlots, homestead stables or any place approved by the Committee for the purpose of rearing, breeding, selling and Buying of Livestock; "Diseased Livestock" means a Livestock certified by a qualified Veterinary Doctor as suffering from any disease; "Ex-Officio Member" means members of the Committee that hold Office by virtue of their Official position; "Governor" means the Governor of Delta State; "Herder" means any person who looks after a herd of livestock or makes a living from keeping livestock; "Inspection Posts" means designated places at point of entry into the State or the various Local Government Areas within the State where Livestock Officers from the Ministry of Agriculture and Natural Resources or any other Task Force authorised by the Ministry inspects all livestock brought into the State or Local Government Areas to certify that such Livestock are fit for consumption; "Land Grabbing" means any illegal and/or forceful takeover of any land in the State by an individual, group or association; "Lease" means a contract or transaction by which one party conveys land or property to another for a specified time in return for payment; License" means permission to enter or use Land or property owned by another (without conferring exclusive possession); "Livestock" include cattle, pigs, goats, sheep, horses or any other animal designated as Livestock by the Governor through a notice in the State Gazette; "Livestock Market" means a market or area approved by the Committee for the sale of Livestock; "Livestock Officer" means an Officer of the Department of Livestock in the State Ministry of Agriculture and Natural Resources; "Manager" means a person who is in-charge of running and maintaining the affairs of livestock; "Open Grazing" means the act of roaming livestock in a designated area in search of pasture or foliage; "Owner" includes a person who owns or has care or control of livestock; "Ranch" means an area of land approved for grazing, breeding, rearing and marketing of livestock; "Rancher" means a person who operates or owns a ranch; "Rustling" means the act of stealing or moving away livestock without the consent of the owner; "State" means Delta State of Nigeria; "Veterinary Officer" means an individual registered to practice Veterinary Surgeon by the Veterinary Council of Nigeria.

3. Establishment and Composition of Livestock Management Committee. (1) There is established for the State, a Livestock Management Committee. (2) The Committee shall comprise: (a) the Commissioner in charge of Agriculture and Natural Resources as Chairman; (b) the Special Adviser to the Governor on Security Matters; (c) the Director Livestock from the State Ministry of Agriculture and Natural Resources; (d) the Director Veterinary Services of the State Ministry of Agriculture and Natural Resources (e) one representative each from the Nigeria Police Force, the Department of State Services and the Nigeria Security and Civil Defence Corps; (f) one member representing each of the three Senatorial Districts in the State; (g) Officers not lower than Grade Level 14 from the following Ministries, Departments and Agencies in the State: (i) Sanitation and Waste Management Department in the Ministry of Environment; (ii) Delta State Waste Management Board; (iii) Delta State Environmental Protection Agency (DELSEPA) (iv) Ministry of Justice; (v) Ministry of Trade and Investment; and (vi) Ministry of Agriculture and Natural Resources to serve as Secretary; (h) a representative of the Internal Revenue Service Board; (i) a representative of the State Cattle Dealers and/or Rearers Association; and (j) a representative of the State branch of the National Butchers Union of Nigeria. (3) Save for the Ex-Officio Members of the Committee in subsection (2) of this Section, the Governor shall appoint each member of the Committee.

4. Functions of the Committee. The functions of the Committee shall include: (a) subject to the approval of the Governor, establishing, controlling, managing and maintaining a designated area established under this Law; (b) designating and establishing Inspection Posts to ensure the entry of healthy livestock into the State; (c) subject to paragraph (d) of this Section, conserving and preserving in its natural state the designated Areas and ensuring the preservation and protection of any object of geological, historical, aesthetic or scientific interest; (d) approving the development of facilities within the designated Areas; (e) registration and issuance of License to Livestock Breeders, Rearers and Traders; (f) considering for the approval of the Governor, applications for the establishment of private ranches, feedlots and homestead stables; and (g) carrying out such other functions as the Governor may expressly direct in relation to Livestock Breeding, Rearing and Marketing in the State.

5. Meetings/Quorum. (1) At every meeting of the Committee, the Chairman shall preside, and in his absence, the Director Livestock from the State Ministry of Agriculture and Natural Resources shall preside. (2) The Quorum of the Committee shall be the Presiding Officer and any other five Members.

6. Tenure. (1) The Members of the Committee, other than the Ex-officio Members, shall serve a term of four years and may be reappointed for a second term of four years and no more. (2) The office of a Member shall become vacant if the member: (a) dies; (b) resigns from office by notice in writing to the Governor; (c) is removed from office by the Governor; or (d) is incapable of performing the functions of his office by reason of infirmity of mind or body. (3) A person appointed to replace a Member of the Committee whose office becomes vacant for any reason shall serve the remainder of the replaced Member’s term of office.

7. Allowances. The Members of the Committee shall be paid such allowances as the Governor may determine.

8. Funds of the Committee. The activities of the Committee shall be funded from the Office of the Governor.

9. Transition Period. (1) To secure the establishment of the designated areas and /or private Ranches under this Law, this Part shall come into force three months after the Governor’s assent. (2) The Committee shall ensure the establishment of one or more designated areas during the transition period in sub-section (1) of this Section.

10. Designated Areas. (1) Subject to subsection (2) of this Section, a Designated Area established under this Law shall have a minimum of 5,000 square meters of Land and may include one or more of the following: (a) an abattoir; (b) a veterinary Clinic; (c) a livestock market; (d) an administrative office; and (e) a security post. (2) Notwithstanding subsection (1) of this Section, the Committee may designate any of the following as a Designated Area in and of itself: (a) an abattoir; (b) a livestock Market. (3) A Livestock Market referred to in subsection (1) and (2) of this Section shall be the only place for the buying and selling of Livestock in the State and must have a Veterinary Officer.

11. Establishment/Composition of Special Task Force in the Local Government Areas. (1) There shall be established in each of the Local Government Areas of the State, a Special Task Force under the direction and control of the Committee for the purpose of enforcing the provisions of this Law. (2) The Special Task Force shall comprise the following: (a) the Chairman of the Local Government Council or his representative, as Chairman; (b) a Livestock Officer from the Ministry of Agriculture and Natural Resources; (c) one representative from: (i) the Nigeria Police Force; (ii) Department of State Services; (iii) the Nigeria Security and Civil Defence Corps; (iv) Cattle Dealers/ Rearers Association in the Local Government; (v) National Butchers Union of Nigeria in the Local Government; and (vi) All Farmers Association of Nigeria in the Local Government; (d) the Director of Personnel Management of the Council, as Secretary.

12. Prohibition. (1) No Owner shall permit their Livestock to be at large. (2) Where Livestock is found at large, the Owner of the Livestock is deemed, in the absence of evidence to the contrary, to have the permitted the Livestock to be at large.

13. Livestock Production Activities. For the purposes of this Law, activities in the field of Livestock Production include the following: (a) having custody or control of Livestock in a Designated Area or Private Ranch; (b) the establishment and operation of Private Ranches; (c) Livestock Breeding/Production or Rearing; (d) Livestock Trade, Processing or Marketing; or (e) any other activities as the Commissioner may determine by Regulations issued in accordance with Section 16 of this Law.

14. Livestock Production License. (1) Any person that intends to conduct an activity under Section 13 of this Law shall apply to the Committee for a Livestock Production License. (2) The Committee may issue or cause to be issued a Livestock Production License, subject to the Governor’s approval and upon the applicant’s satisfaction of terms and conditions as the Committee may determine from time to time.

15. Land Acquisition. (1) The Committee shall manage any land acquired by the State for the purpose of establishing a Designated Area. The Committee may lease or license such land to persons desirous of undertaking an activity under Section 13 of this Law, subject to such terms and conditions as the Committee may determine. (2) Any lease or license issued under subsection (1) of this Section, shall be for an initial term of four years. The Committee may renew such lease or license for successive four year terms, provided that the Governor shall have the overriding power to revoke such lease or license.

16. Regulations. Subject to approval by the State Executive Council, the Commissioner may make Regulations to control the activities under or connected with Section 13 of this Law, including the issuance of Licenses.

17. Prohibition of Open Normadic Livestock rearing and Grazing in the State. (1) Without prejudice to Section 18 of this Law, any person who contravenes Section 12 of this Law shall be guilty of an offence and shall, on conviction be liable to a term of two (2) years imprisonment or a fine of Five Hundred Thousand Naira (N500,000.00) or both. (2) Without prejudice to the remedies and /or penalties available under any other applicable Law, where a contravention under sub-section (1) causes: (a) damage to farm, crops or property of any person, the owner or Manager of such livestock shall after evaluation by the Committee of the damage, pay the prevailing value of monetary compensation of the farm, crops or property so damaged, to the aggrieved person; (b) injury to any person within the State, the owner or Manager of such livestock shall be guilty of an offence and upon conviction be liable to not more than a term of two (2) years imprisonment and shall pay any medical bill of the injured person and such other compensation as the Court may determine; and (c) the death of any person within the State, the owner or Manager shall in addition to any criminal liability for causing the death of such person, pay compensation to the family of the deceased as the Court may determine.

18. Prohibition of Movement of Livestock on Foot (1) Movement of Livestock on foot from one destination to another in the State is hereby prohibited. Such movement shall only be by vehicle between the hours of 6:00 am and 7:00 pm. (2) Any person(s) found moving livestock on foot within or across any part of the State commits an offence and is liable to: (a) for a first offender, a fine of Three Hundred Thousand Naira (N300,000.00) or Six Months imprisonment or both; (b) for a subsequent offender, a fine of Five Hundred Thousand Naira (N500,000.00) or one year imprisonment or both.

19. Impoundment of Livestock. Where any livestock is found at large, Members of the Special task Force in the Local Government Area shall impound or cause the Livestock to be impounded and the owner shall be liable to a fine of N100,000.00 (One Hundred Thousand Naira) per Livestock, payable to the State through the Delta State Internal Revenue Service.

20. Release of Impounded Livestock. The Special Task Force may release the impounded livestock to the Owner or Manager after the Owner or Manager, or any person acting on their behalf, pays the prescribed fine and/or any other expenses as the Committee may determine.

21. Sale of Impounded Livestock. Any livestock impounded under this Law which is not claimed by the Owner or Manager within seven (7) days of such impoundment: (a) shall be sold at auction to the public; and (b) the proceeds of such sale shall be deposited in the Consolidated Revenue Account of the State.

22. Protection of Designated Areas/Ranches Any Livestock Owner may engage the services of registered security guards for the protection of the designated Areas or Ranches.

23. Prohibition of Land Grabbing. (1) Any person who grabs land for the purposes of grazing or ranching or other related purposes commits an offence and shall be liable on conviction to a term of not less than ten (10) years imprisonment without an option of fine. (2) Where the act in subsection (1) of this Section results in the loss of life, the person(s) who committed the act shall in addition to any criminal liability for causing such loss of life, if found guilty, pay compensation to the family of the deceased as the Court may determine. (3) Where in any Court proceeding under this Section, the dependants of the land grabber are found on such land, the Court may issue an order evicting them from the land.

24. Prohibition of Livestock Rustling. (1) Any person(s) who rustles livestock from any designated Area or private Ranch commits an offence and shall be liable on conviction to a term of not less than Three (3) years imprisonment or a fine of One Hundred Thousand Naira (N100,000.00) per animal or both. (2) Without prejudice to the remedies and/or penalties under any other applicable Law in the State, where a rustler: (a) injures, or maims any person while carrying out his activities, he shall on conviction be liable to five (5) years imprisonment or a fine of Five Hundred Thousand Naira (N500,000.00) or both, and payment of such compensation to the Livestock Owner as the Court may determine; or (b) causes death, he shall, in addition to any criminal liability for causing such death, pay the Livestock Owner or the Owner’s personal representative such compensation as the Court may determine.

25. Slaughter of Diseased Livestock. (1) Any Livestock for sale or slaughter in the State shall first be examined by a Veterinary Officer and certified as fit for human consumption. (2) Any person who knowingly keeps, sells or slaughters any diseased Livestock in the State for human consumption shall be liable on conviction to a term of six months imprisonment or a fine of N300,000.00 (Three Hundred Thousand Naira) or both.

26. Unlawful Slaughter of Livestock. Any person who slaughters any Livestock, not being the rightful owner or authorised by the Owner of such Livestock, shall be liable on conviction to a term of not less than one year imprisonment or a fine of N300, 000.00 (Three Hundred Thousand Naira) in addition to the cost of the Livestock or both.

27. Failure to obtain a License. (1) It shall be unlawful for any person to carry out an activity under Section 13 of this Law without first obtaining a License under Section 15 of this Law. (2) Any person who carries out an activity under Section 13 of this Law without a License shall be liable on conviction: (a) to a fine of N200,000.00 (Two Hundred Thousand Naira); and (b) to disqualification from being granted a License for a period of one year. (3) Any person who buys Livestock from a place other than a livestock market shall be liable on conviction (a) to a fine of N100,000.00 (One Hundred Thousand Naira); and (b) to confiscation of the purchased Livestock which shall be sold in accordance with Section 21 of this Law.

28. Jurisdiction. Trials of any offence created under this Law shall be by summary trial in the Magistrates Court, provided that, where the Magistrate Court does not have jurisdiction, the High Court shall try such offences.