…Says Benue people deserve protection, not betrayal
Sabastine Tartenger Hon, a renowned legal luminary, professor and Senior Advocate of Nigeria (SAN), has strongly condemned Hyacinth Alia, a Rev. Fr. and the Benue State governor, over what he described as a deliberate misinterpretation of the ECOWAS Transhumance Protocol during the governor’s media chat held on Thursday, April 10, 2025.
In a fiery open letter titled “Fr. Hyacinth Alia, You Are Decidedly Wrong!”, obtained by BusinessDay on Friday, Hon accused governor Alia of not only misinforming the public but also failing to show leadership in the face of incessant killings and displacement of Benue indigenes by armed herders.
Hon stated that he had intentionally refrained from watching the live broadcast, sensing that it would bring no comfort to the citizens of Benue, only to later confirm his fears upon reviewing the content of the media interaction.
“I personally refused to watch your media chat of Thursday, 10th April, 2025. The reason was plain enough: I was strongly persuaded in my spirit that you would not raise the hope of, let alone console, your subjects on the security situation in the State you are governing. My suspicion and hunch came to be true when I later watched it! What a sad day for the people of Benue State!
“It was Khalil Gibran who once said “You talk when you cease to be at peace with your thoughts.” I cannot, as a Lawyer of this height (with all sense of humility and responsibility) be silent and allow your wrong opinion on the ECOWAS Transhumance Protocol to go unchallenged. Proper consultation would have made you avoid that area, even if you would want, as you have clearly shown, to take no single interest in protecting the lives of the Benue people”.
According to the legal scholar, the ECOWAS Protocol on Transhumance cited by governor Alia was not adopted in 1978, as the governor reportedly claimed, but in 1998 under “Decision A/DEC.5/10/98,” following the 21st Conference of Heads of ECOWAS States.
The professor of Law maintained that the Protocol does not grant herders blanket rights to move cattle across national borders, arguing that such movement is clearly conditioned on the fulfillment of rigorous documentation, monitoring, and veterinary regulations, which have not been adhered to by any herders in Nigeria.
He emphasized that Article 5 of the Protocol mandates the possession of an ECOWAS International Transhumance Certificate, detailing the composition, vaccination, travel itinerary, and border entries of livestock-a certificate, he challenged, no herder in Benue has ever presented.
The SAN further pointed out that Articles 6 and 7 of the Protocol place the responsibility on member states to verify and designate routes for transhumant herders, obligations which he said have never been fulfilled by the Nigerian government.
“This Protocol is, till date, a sleeping document yet to be implemented,” Hon asserted, daring Governor Alia to prove otherwise with evidence of certificate issuance, designated routes, or enforcement mechanisms.
He called out the governor for what he described as “eagerness to protect herders” at the expense of the very people who voted him into office, noting that not even a single herd has been quarantined or impounded as required under Article 9 of the Protocol.
Taking the argument further, Professor asserted that even if the Protocol were active, it would still be subordinate to the African Charter on Human and Peoples’ Rights, to which Nigeria is not only a signatory but has also domesticated into its national laws.
He cited Articles 3, 4, 5, 14, 19, 21, 22, and 24 of the African Charter, stressing that the rights of Benue farmers to life, security, property, development, and a safe environment have all been grossly violated by unchecked herdsmen activity.
In particular, Hon condemned the apparent superiority complex exhibited by armed herdsmen, who, he said, behave as though they and their livestock are more important than human life in Benue communities.
He faulted the governor for not ordering the arrest of stray animals or verifying the identities of those moving freely with cattle in farmlands, as stipulated in Articles 12 and 13 of the Protocol.
Hon reminded the governor of the oath he took on inauguration day to protect lives and property and urged him to “retrace his steps now” to avoid further bloodshed and societal decay.
He urged the governor to consult legal experts before addressing technical issues of law and international policy in public, warning that misinformation has grave consequences in a state already ravaged by conflict.
The legal titan reiterated that until the necessary framework for implementing the ECOWAS Protocol is in place including certificates, quarantine procedures, designated routes, and enforcement mechanisms it remains dormant and unenforceable.
Hon also warned against using “freedom of movement” as a blanket defense for lawlessness, quoting Article 12 of the African Charter which states that movement is only lawful if it respects national laws and protects public security and morality.
Hon declared that the people of Benue are dying needlessly and called on governor Alia to realign his priorities in favor of those he was elected to serve.
The letter has since gone viral, sparking debate across legal, political, and civil society circles in Nigeria, as many await a formal response from the Benue state government.
