Rejoinder to Prof. Sebastine Hon’s Commentary on Gov. Alia

By Prof. Pastor Qrisstuberg Amua

As a conscientious and informed appointee of the Benue State Government under the stewardship of His Excellency, Rev. Fr. Dr. Hyacinth Iormem Alia, I am compelled to respond with civility and clarity to the recent open letter authored by Prof. Sebastine T. Hon, SAN, titled “Fr. Hyacinth Alia, You Are Decidedly Wrong!”

While the author’s passion for the wellbeing of the Benue people is acknowledged, it is equally imperative to correct the misconceptions, misreadings, and misplaced allegations embedded in his arguments, particularly as they pertain to the ECOWAS Transhumance Protocol, the African Charter, and the Governor’s constitutional obligations.

This rejoinder aims to clarify the record, deconstruct the critique, and reaffirm Governor Alia’s unwavering commitment to the security, dignity, and development of every citizen of Benue State.

I. MISINTERPRETATION OF THE ECOWAS TRANSHUMANCE PROTOCOL
Sebastin Hon’s interpretation of the ECOWAS Protocol A/DEC.5/10/98 as a passive or automatic license for cross-border cattle movement lacks the legal and diplomatic nuance expected at the senior bar.

Governor Alia, in referencing the protocol during the media chat of April 10, 2025, did not in any way suggest an unconditional right of access by foreign herders into Benue State. Rather, he acknowledged the existence of a multilateral framework within which West African countries – including Nigeria – have agreed to regulate livestock mobility subject to strict conditions, which he also made clear must be met in accordance with Nigerian law.

To assume, as Prof. Hon did, that the Governor endorses lawless movement of herders is a baseless mischaracterization. The ECOWAS Protocol itself, in Articles 3, 5 – 7, 9, 12 – 16, mandates extensive preconditions – including issuance of a Transhumance Certificate, vaccinations, itinerary documentation, and verification by competent authorities – before any livestock movement is deemed lawful.

Governor Alia’s invocation of the Protocol should be understood not as acquiescence, but as a call for institutional enforcement and accountability within an agreed regional structure.

II. ON IMPLEMENTATION GAPS AND JURISDICTIONAL REALITIES
Sebastine Hon, SAN correctly notes that several ECOWAS Member States, including Nigeria, have failed to implement the protocol in its entirety. However, this implementation failure lies squarely within the jurisdiction of the Federal Government, not that of subnational authorities like Benue State.

Under Nigeria’s Constitution, matters of Border control and immigration; Transboundary treaties and foreign affairs; International livestock movement and quarantine are on the Exclusive Legislative List (Second Schedule, Part I). Hence, the Governor of Benue State does not have the constitutional powers to issue or inspect Transhumance Certificates or to enforce border entry protocols. That responsibility falls to Federal security agencies, customs, immigration, and the Federal Ministry of Agriculture and Rural Development.

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Therefore, the failure of ECOWAS Member States to enforce these conditions cannot justifiably be laid at the doorstep of Governor Alia.

III. TREATY HIERARCHIES: Clarifying Misconceptions
It is an error of legal reasoning to claim that the African Charter on Human and Peoples’ Rights “overrides” the ECOWAS Protocol simply because one is continental and the other subregional. Under Nigerian law, both treaties, once domesticated through legislation, hold the status of Acts of the National Assembly and are equally enforceable, barring any specific conflict.

Indeed, in Abacha v. Fawehinmi (2000) 6 NWLR (Pt. 660) 228, the Supreme Court affirmed the binding nature of domesticated treaties but made it clear that no international treaty can override the Nigerian Constitution. Governor Alia’s position, therefore, was not in breach of the African Charter but entirely within his remit as a constitutionally-guided leader committed to harmonizing national security with international obligations.

IV. THE GOVERNOR’S CONSTITUTIONAL RESPONSIBILITY
Sebastine Hon, SAN accused Governor Alia of shirking his duty to protect lives and property. This accusation is not only unsubstantiated but ignores the concrete actions the Governor has taken since assuming office.

Governor Alia has: Reinforced the Benue State Open Grazing Prohibition and Ranches Establishment Law (2017) as amended, which remains in effect;

Established operational collaboration with national security agencies, and which informs the recent repeated visit and heavy presence of high profile national security chiefs and/or their representatives to/in Benue;
Supported community-based intelligence and security arrangements;

Advocated for regional peace and dialogue in alignment with the Benue Livestock Transformation Plan (BLTP);
Positioned Benue State within continental and subregional peace dialogues aimed at long-term resolution to farmer-herder conflicts.

It is however not surprising that known apologists of the past era have borne a new enthusiasm to unfounded academic criticisms of Gov. Hyacinth Iormem Alia’s enlightened approach that demonstrates a balanced, statesmanlike response that prioritizes the rule of law, institutional capacity, and human dignity, rather than inflammatory populism.

V. ON THE RIGHTS OF THE PEOPLE
While Sebastine Hon, SAN lists various provisions of the African Charter (Articles 3, 4, 5, 14, 19, 21, 22, 24) to argue that herder activities undermine these rights, he conveniently or decidedly (to employ his own semantics) omits the reciprocal duties imposed on all individuals and groups under the same Charter.

More importantly, the Governor has not at any time legitimized violence, impunity, or unlawful conduct. Rather, he has continued to emphasize that any herder – local or foreign – must operate within the bounds of Nigerian law or face consequences.

This shows clearly that, the argument that Governor Alia has abandoned the people of Benue is not only misplaced, but grossly unfair and a mere cosmetic academic supplusage.

VI. A Call for Responsible Discourse

Governor Alia is not an outsider to Benue’s pain. As a priest, he has stood with the people through famine, bloodshed, and marginalization. As a Governor, he is now deploying wisdom, diplomacy, and legal order to address a volatile situation in a manner that ensures long-term peace and regional stability.

Criticism is welcome in democracy. But when such criticism is predicated on deliberate misinterpretations of law especially from those who are custodial to the law, hasty conclusions, and unfair insinuations especially from those who, because they are allegedly harbouring future gubernatorial ambitions, it must be met with facts and clarity.

It is on record that genuine and peace-loving people of Benue State stand firmly with His Excellency Governor Hyacinth Alia in his commitment to:
Upholding the dignity of every Benue life;
Enforcing the rule of law;
Collaborating with national and regional frameworks to ensure peace; and
Genuinely defending the constitutional integrity of Benue State as a federating unit within Nigeria; beyond the failed propaganda of the past.

Let incendiary commentators allow Gov. Hyacinth Iormem Alia to captain the forward sail of the ship of Benue State, not with fear-mongering and division, but with unity, legal certainty, and developmental wisdom.

Prof. Pastor Qrisstuberg Amua
Project Director,
Benue State Swine/Crop Improvement Project (BSCIP),
Yandev, Benue State
April 12, 2025