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Between Bills and Laws: Dissenting Ideation of Acquisition of Land in Nigeria’s

Farmers-Herders Crisis
Clara D.S. Vande-Guma
University of Agriculture Makurdi, Nigeria
claravandeguma@gmail.com
Abstract

The topic of this paper reflects one of the major problems bedeviling the modern day African
independent state: managing the geographical constructs European imperialists coerced into a
country called Nigeria. The paper keys into the controversial narratives generated by the
drafting and promulgation 2015 National Grazing Routes and Reserve Bill (NGRB) and the
2017 Benue Open Grazing Prohibition Law (BOGP) respectively, which are products of
legislation by the Federal Government and Benue State Government to mediate in the
recurring conflicts between crop farmers and cattle herders in Nigeria. Although both
documents outline recommendations on how land should be acquired for grazing their
specifications have been contested or received with suspicion from actors in support of the
Federal Government and Benue State Government. The article analyses how the process of
acquiring land is ideated in both documents using the parameters of the system of Transitivity
according to systemic functional linguistic theory and critical discourse analysis approach to
ideology. The findings of the analyses show differences exist between the perspectives in both
documents especially in terms of the specifications of such parameters as land ownership,
authority and participants‟ status. Whereas the wordings of BOGP explicitly empowers
various indigenous actors in the State to have a say in the process of acquiring land for
grazing, the NGRB empowers a commission with unilateral powers without explicit
involvement of state actors through its wordings. The paper concludes that the language of the
documents has been the major cause of the negative reactions from respective actors and
suggests greater diligence in the use of language in the codification of bills, laws and policies
by governments.
Key words: transitivity, ideation, ideology, governance and authenticity

Introduction

The topic of this article reflects a common problem bedevilling the survival of the

modern day African independent state: how the geographical construct (called countries)

created by and inherited from European imperial regimes after independence. In this case the

parties are the Federal Government of Nigeria and the Benue State Government, located

within North Central Nigeria. Specifically, this paper attempts a descriptive comparison of the

ideation of land acquisition in two leading contesting discourses in the ongoing impasse

between crop farmers and cattle herders in Nigeria. The principle sources of both discourses

are the 2015 National Grazing Routes and Reserve (Establishment) Bill and the 2017 Benue

State Open Grazing Prohibition Law also known as the Anti-Grazing Law. Both documents

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
are products of legislation to mediate in the conflict between crop farmers and cattle herders

in Nigeria. The descriptions in this paper consider the processes of land acquisition prescribed

in both documents with particular attention to the discrepancies reflected in the

representations expressed in both texts. As a caveat, although the 2015 National Grazing

Routes and Reserve (Establishment) Bill is intended to apply to the whole of Nigeria, its

analyses is localised to how it is interpreted in Benue State in order to make comparisons with

the 2017 Benue State Open Grazing Prohibition Law.

The ideation of land acquisition concerns the representation of how land should/could

be acquired for grazing in both the 2015 National Grazing Routes and Reserve

(Establishment) Bill and the 2017 Benue State Open Grazing Prohibition Law also known as

the Anti-Grazing Law. The concept of ideation adopted in this paper is in consonance with the

ideational metafunction outlined in the Systemic-Functional Linguistic (SFL) Theory. In SFL,

the ideational metafunction is concerned with the use of language to represent “some

recognisable phenomenon” in the world (Halliday and Hasan 19). Language is indeed

phenomenally inseparable from human interactions because it is the dominant means for

communication. Communication is essential for meaningful inter/intra individual, group,

organisational or institutional interactions and realisable, with regards to language, when

information is encoded into text is accessible to all. When the information in texts is

referential in nature that is refers to the world beyond the text, such information is the product

of the ideational metafunction of language. The contents prescribing how land should be

acquired for grazing in the 2015 National Grazing Routes and Reserve (Establishment) Bill

and the 2017 Benue State Open Grazing Prohibition Law are ideational because they address

an existing crisis in Nigeria.

However, in the process of making reference to events in the world, we consciously or

unconsciously reflect our interpretations of what is reported or represented; that is we paint

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
the experience as we see it. To paint an experience as one sees it or represent one‟s

interpretation of experience is analogous to using language to construe experience as Halliday

and Matthiessen point out “language plays a central role not only in storing and exchanging

experience but also in construing it”; language constitutes “our interpretative base” (1). This

process of using language as resource for construing experience could be bi-directional

because language doubles as resource for interpreting and expressing.

The 2015 National Grazing Routes and Reserve (Establishment) Bill and the 2017

Benue State Open Grazing Prohibition law (subsequently referred to as NGRB and BOGP

respectively) address the same phenomenon, the conflict between crop farmers and cattle

herders in Nigeria. The scenarios in both documents are prescriptive because they outline

schemata depicting more desirable alternatives to resolve and/or manage the conflict. These

prescriptions also reflect the perspective with which the conflict is interpreted. Expectedly,

the language in both documents is representative of the desired alternatives, with words,

phrases, clauses, clause-complexes and paragraphs identifying acceptable and unacceptable

patterns of behaviour, actions, objects and species. In other words, the NGRB and BOGP are

texts, ensembles of desired alternatives for how land should be acquired for grazing.

In the context of this paper, text is defined as any instance of actual language use

intended for a communicative purpose, which can also be used as a resource for accessing the

textualised meanings. The definition agrees with views outlined by Widdowson, who further

equates “communicative purpose” with “the discourse” underlying a text and motivates the

production of a text (6). In alternate terms, a text is a vessel for conveying a discourse. The

options featured in the texts are probable determinants of the ideologies underlying the

drafting of both documents. With focus on ideation it is plausible to describe how land

acquisition is represented and the ideologies streaming through the options codified in the

corpus. A communicative act rarely occurs outside of prevailing social practices and

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
institutions defined by the cultures that characterise its existential framework. The near

doctrinal Systemic Functional Linguistic (SFL) construct of language as a social semiotic

encapsulates the perception that every communicative act or event is structured to codify the

ideology of a culture or norm.

The concept of ideology adapted here blend postulations by Martin (1992) within the

Systemic Functional Linguistic (SFL) hub and numerous views in Critical Discourse Analysis

(CDA). Both angles have mutual focus with the tenet of Marxist theory concerned with the

societal dialectics instigated by differences in economic and/or political classes. Martin

introduces “ideology” to function as the “communicative plane” for tackling questions that

cannot be adequately addressed by solely analysing linguistic formations featured in texts or

by registers or genre. Ideology is necessitated by two questions, “1...., the meaning potential is

not evenly distributed across participants in a culture; and 2 for a culture to survive, this

meaning potential has to evolve” (575). Meaning potential is interpreted, in view of the focus

of this paper, to mean access to the ability to produce and disseminate discourse and the

control of the content of the discourse, what it explicitly and implicitly signifies. That is the

power to control text productions and distribution.

In CDA, ideology is discussed more often as conceptual patterns informing discourse

productions. Fairclough suggests the notion of ideology should be used “as virtually

synonymous with „worldview‟” (17). Wodak and Meyer see it as “…the more hidden and

latent type of everyday beliefs, which often appear disguised as conceptual metaphors and

analogies…” (8); and Bergström and Boréus are of the view that it be “analyzed as

consisting of ideas which guide the actions and interactions that make up society with its

institutions, social relations and power relations” (7). While subscribing to the

aforementioned definitions, the concept of ideology adopted in this article is anchored on the

close affinity of the etymology of the terms, idea, ideation and ideology. Through scanning

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
numerous resources (such as https://www.etymonline.com ; https://wikidiff.com ;

https://dictionary.cambridge.org ; www.ideonomy.mit.edu ; and numerous others) one

realises that both the lexemes ideation and ideology have meaning derived from the meaning

of the lexeme idea, which originates from the Greek term idea (as a prefix - ideo in ideology)

meaning “mental image or picture”. Ideology is the English equivalent of the French term

ideologie which means “the study or science of ideas” and was originally coined by the

French philosopher Destutt de Tracy. Ideation is the process of forming ideas. Ideology

emerges from the sedimentary deposits of ideas evolved over time most often within contexts

of events and histories shaping experiences of a group of people. Blommaert has pointed out

that “ideas operate alongside and inside material conditions and institutions; it is the

conjunction of both dimensions which lifts particular sets of ideas to the level of ideology”

(163). Indeed, ideology only becomes perceptible when it materialises through some form of

expression, hence the focus on ideation, in this paper, as the means for expressing or

accessing ideology through analyses of texts.

Ideology is used as that confluence resulting from the interplay between language

and power, wherein the latter operates to influence the instantiations of the former.

Fairclough identifies three sites of this interplay: 1 “the structure [and its system]”

comprising the “social conventions, norms and histories” constraining the channelling of

language to create/recreate communicative events; 2 “the discursive event” itself

representing the entire process both discoursal and non-discoursal; and 3 the “texts” which

bears “the imprint of the ideological processes” and constitute the source of interpretations,

diverse or singular (71). The first site which is “the structure [and its system]” refers to the

parties exercising the agency of encoding and decoding, in other words, those responsible for

discourse production, dissemination and interpretation. The second site is the discourse itself

along with the phenomenon, event or problem it addresses and the third, the text, spoken or

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
written conveying the discourse. All three sites or “locations of ideology” do not necessarily

invalidate the other, but function as simultaneous options for analysing how dialectical

relations between language and power create, recreate, enforce or counter-act ideologies.

To re-state in particulars, via aligning with Fairclough‟s “locations” of ideology, the

power “structures” addressed in here are represented by two levels of the political hierarchy in

Nigeria namely the Executive arm of Federal Government of Nigeria- the originator of the

NGRB and the Executive arm of the Benue State Government -the originator of BOGP. Both

NGRB and BOGP were executive bills, with BOGP eventually being enacted as a Law. The

discursive events are the incessant clashes between crop farmers and cattle herders, the

narrative process comprises events leading up to the drafting /presentation/signing of the

NGRB and BOGP; while the actual contents of both documents, precisely, stipulations on

land acquisition are treated as “texts” in subsequent analyses. Furthermore, ideology functions

as platform for describing how power relations are contested or reinforced as regards

differences in status between both tiers of government that is the Federal and State

Governments.

Thus it is taken a priori that the schismatic ideation between the NGRB and BOGP

instantiates possible clashes in ideologies of two actors, the Federal Government (FG) and

Benue State Government (BNSG). The option for engaging both texts to refute or confirm the

a priori position is situated in the author‟s preference to analyse relevant segments of NGRB

and BOGP using the parameters for describing ideational meanings in texts.

Further discussions in subsequent sections provide a synopsis of the contextual

background of the subject of this paper, the theoretical background- explanation of ideational

metafunction and ideology as planes for analysis, the analyses of data, findings and discussion

of findings and the conclusion.

Contextual background: Nigeria’s laws, governance and multi-ethnicity

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
Numerous issues provide a backdrop to the unfolding narrative about land acquisition

for grazing in Nigeria. These are matters bordering on the complex web of factors relating to

laws, governance and multi-ethnicity in Nigeria. Laws are needed to facilitate effective and

efficient governance. However, the preceding assertion is rather simpleton considering the

multiple influences of sources characterising laws in Nigeria, which have inevitable impact on

governance in Nigeria. Such influences should be understood within the context of numerous

histories affecting the existence of Nigeria- histories commonly identified with the epochal

terms pre-colonial, colonial, post-colonial, neo-colonial and etc.

Pre-colonial Nigeria did not exist as a country; the geographical location, to be

„christened‟ Nigeria was inhabited by diverse ethno-cultural kingdoms, empires and city

states, whose laws and modes of governance were dictated by their cultural customs and

traditions. With the imposition of colonial rule by the British Government, the diverse ethno-

cultural kingdoms, empires and city states were coerced into protectorates and eventually

amalgamated to create a colonial state called Nigeria. Between 1967 and 1996, these ethnic

nationalities within the borders of the Nigerian Federation were regrouped by different

military regimes into states, 12 in 1967, 19 in 1976, 30 in 1991, and 36 in 1996. The

encroachment by British Colonial administration resulted in the imposition of foreign laws,

foreign social institutions, foreign modes of governance and virtually foreign ways of viewing

the world. The roles of traditional systems of managing the society though not completely

eliminated were greatly diminished or made subservient to the laws and organs of the colonial

rule. Nigeria in her post/neo-colonial state has the mixed fortunes of owning the laws and

systems imposed by colonial rule and the surviving cultural laws and customs.

The evidence of the impact of these mixed fortunes is Nigeria‟s plural justice system,

which is anchored on three different laws: the Common law (laws inherited from the British

regime albeit modifications), the Customary Law (laws based on cultural customs and

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
traditions of Nigeria‟s indigenous ethnicities) and the Sharia Law (laws based on the Islamic

religion). According to Okereafoezeke, this legal architecture is fraught with confusion and

affects “aspects of justice, tradition, custom, law, and social control in the country, including

homicide, land, and marriage issues” (11). Considered alongside the factor of “dominance”

especially as a feature of governance, the scale tends to tilt more towards the non-indigenous

laws predominantly codified in the 1999 Constitution of the Federal Republic of Nigeria

(amended), Federal legislation, and legislation by the respective State Houses of Assemblies

and Local Government Councils, and others. These laws constitute the official Nigerian

general justice system and are accorded higher status because “they are backed by the

enforcement powers and resources of the country‟s official governments” (Okereafoezeke,

12).

“The enforcement powers and resources” are not uniformly instantiated but rather

subject to the intriguing dynamics of Nigeria‟s three tiers of government, namely the Federal,

State and Local Governments. How these dynamics are instantiated should be more

perceptible within the context of Nigeria‟s multi-ethno-cultural setting. Within Nigeria‟s three

tiered federated system, the State Governments are somewhat „subservient‟ to the Federal

Government. But the multiple indigenous ethnicities are distributed across the states

(https://en.wikipedia.org/wiki/Languages_of_Nigeria#cite_note-9); even Abuja Nigeria‟s

administrative and political headquarter, which was created to be a supposedly neutral

territory has indigenes – as the headline in the Nigerian National Daily The Blueprint reflect:

Natives commend Buhari for appointing Abuja indigene ambassador

(https://www.blueprint.ng/natives-commend-buhari-for-appointing-abuja-indigene-

ambassador). It is possible to associate States with particular ethnic identities but impossible

for the Federal government to be associated with any particular ethnic identity without stirring

up expressions of outrage from the Nigerian public, especially those whose ethnicities are not

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
favoured with Federal attention. These intriguing dynamics are at the heart of narratives

concerning topical agitations about, “resource control”, “restructuring” and “excessive federal

might”. The following excerpts the Nigerian media express these agitations:

a. NOTE: Three former governors of the South-South geo-political zone fought

for the thirteen per cent derivation which has made it possible for almost rural

state capitals like Uyo, Yenagoa and Asaba to now rival or even surpass long

established capitals like Bauchi, Yola and Abeokuta today. Every Governor,

Speaker, Commissioner and Local Government Council Chairman, as well as

major contractors, not to talk of the people of oil producing states owes the

three an everlasting debt of gratitude. Now, the leader of the group, Obong

Victor Attah, the acclaimed Father of Modern Akwa Ibom State, is back again

with fresh insights, ably supported by Chief James Ibori, as the nation embarks

on the negotiation for RESTRUCTURING. [Original emphasis] (Sobowale

n.p.)

The preceding is from an opinion column authored by a columnist, Dele Sobowale;

the subject is themed around the recurring debates between the oil rich states in the South-

South geo-political zone of Nigeria and the Federal Government of Nigeria, over which tier of

the government should have a greater control of the Natural resources found within the

boundaries of a State. More specifically, from states within Nigeria‟s oil rich South-South

region aka Niger Delta Region, actors have clamoured for more control over their resources.

The successes the columnist allude to is the 13% derivation fund policy

(https://www.neiti.gov.ng/index.php/revenue-allocation) put in place since 1999 wherein

States from oil rich South-South region are entitled to 13% of revenue generated from oil and

gas production in their respective states. Here, in this article, Sobowale mutes the continuation

of the same agitation as another theme, “restructuring” which expresses calls mostly from

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
state based actors for the return to true federalism, or the reduction of the overbearing power

of the Federal Government. In the following, another state Governor, the Governor of Benue

State- the originator of the BOGP- asserts the futility of the influence of the Federal

Government on 2019 gubernatorial elections in the state:

b. Federal might will not determine outcome of Benue election – Ortom

(Emmanuel n.p.)

Similar sentiments are voiced out in the following quote where the Federal Government is

identified with the coinage federal might by the former President of Nigeria‟s Senate Bukola

Saraki :

c. Don‟t be afraid; don‟t create fears in your heart, I have heard all the talks of the

opposition about using federal might. But we have seen it all. We saw it in

2003; we saw it in 2015 or don‟t you know that they used federal might in

2015? In 2015 with federal might we defeated them. It was you people that

God used then and in 2019 with those who have come to join us, we will defeat

them again.- Saraki (Olanrewaju n.p.)

Through his rhetoric, Saraki seeks to persuade his audience by reminding them that they had

been able to elect candidates of their choice despite all odds posed by the lack of Federal

Government‟s support or rather respect for their choices. The utterances in all excerpts

exemplify ongoing arguments between the States and Federal Government in Nigeria. In

each example, the actors representing the States or in the case of Saraki, Nigeria‟s Senate in

the 8th Assembly expresses dismay towards the Federal Government. The illustrations here

highlight concerns about resource control and restructuring, identify the Federal Government

as a predator with the alias federal might.


Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
The instances of agitations discussed in the preceding paragraph are also aliases of the

quest for “authenticity longings” associated with “language loyalty movements” (Fishman

72). The emotional undercurrents are very similar to those associated with drives for language

maintenance and/or revival. These authenticity drives or agitations between State

Governments and the Federal Government in Nigeria impact on the nexus between laws and

governance, especially when it relates to which law should take precedence in situations

whereby there is lack of explicit concord between Nigeria‟s Common Law and the Customary

Law. The customary laws are mainly derived from the traditions and cultural norms of the

various ethnicities found in states comprising the Nigerian federation; and enforced through

the traditional socio-political structures of governance. However it is pertinent to note that the

Customary Laws in Nigeria are as diverse as the heterogeneous character of Nigeria‟s ethno-

cultural composition. According to Nwabueze for instance, “the different regions of Nigeria,

or its various nationalities, were, and still are, under different customary law systems, which

may overlap in certain specific matters (3). Figure 1 shows the traditional socio political

structures of two ethnic groups in Benue state in the North Central geo-political zone of

Nigeria i.e. Tiv and Idoma across Pre-Colonial and Post-Colonial periods which should be

considered in comparison with the official structures of the Nigerian Government in figure 2.

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
Pre-Colonial: Post-Colonial: Tiv/Idoma Traditional
structures
Tiv: Idoma:

Paramount
Rulers:
Tar Ojile (District)
Tor Tiv/Ochi
(Land)
Idoma
Ipooma(Kindred,
1 or more
Ityo 1st Class Rulers:
patrilineage)
(Clan) Ter/Ad’

Ipoopu (single
patrilineage) 2nd Class Rulers:
Ya-ingyor
Ter/Ad’
(Kindred)

Ole
Ya(Household/
(Household) 3rd Class Rulers:
compound) Mue Ter/ Och’
Ku/Ad’

Figure 1: Pre-Colonial and Post-Colonial Traditional Socio


political Organisation in Benue State, North Central
Nigeria 4th Class Rulers:
Based on: Ushe (2007, p.30); Okpeh and Ochefu (nd); (Tyoor/Och’ Ku)
http://benuetradition.org/secondclasschiefs.php

5th Class Rulers:


(Ortar/Och’ Ku)

(Tyoor/Och’ Ku)

(Ortar/Och’ Ku)

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
Figure 2. Political Hierarchy of Nigeria

https://www.hierarchystructure.com/political-hierarchy-of-nigeria/

It is plausible to argue that both structures in figures 1 and 2 are in mutual coexistence as

parallel options to be explored by the Nigerian citizen. However, variations exist between

both structures, for instance figure 1 acknowledges the place of the family explicitly, while

the place of the family is unspecified or assumed, probably, in figure 2. Moreover such

variations become problematic when the provisions of one system are in direct contrast with

the other, which is often the case when the Common law illegitimates a Customary Law. The

same variations could translate to the question who owns the land? An apt illustration of

controversy of land ownership is how the contents of the Land Use Act of 1978, especially the

contents of Section 1(below) are perceived:

Subject to the provisions of the Act, all land comprised in the territory of each

state in the Federation are vested in the Governor of that state and such land

shall be held in trust and administered for the use and common benefit of

Nigerians in accordance with the provision of this Act.

The reactions against the contents of this law are summed up by Otubu as follows:
Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
… It can be safely said that the Act stripped off the ownership rights vested in

individuals, families and communities prior to its enactment and vested the same in the

Governor (15).

This is a vital underlying question in the ongoing conversation about Nigeria‟s farmers-

herders crisis. Within the official and formal order, as specified in the Land Use Act of 1978

ownership of the land is vested in the Governor of a State within the Federation, but Ochefu

assertion that “the patrilineage is primarily responsible for land holding and land allocation

and defence of members” reflects a truism that is a universal amongst most indigenous

ethnicities in the country (19). Section 1 of the Land Use Act has been discerned as

repudiating the status of land ownership recognised by the indigenous customs of numerous

ethnic groups in Nigeria.

Unlike the Common Law, the customary law is more deeply ingrained in the

consciousness of the Nigerian citizens. Whilst noting its contrast with the Common Law,

Nwocha notes that “customary law is observed routinely by the people who own them in their

daily lives” (436) - a vital observation to consider most especially due to the influence of

recurrent habitual behavioural patterns on thought processes that most often crystallise into

the formation of group ideologies. With due cognisance of multiple related issues, one could

deduce that the question who owns the land is the dominant remote cause of the incessant

crisis between crop farmers and herdsmen in Nigeria. The preceding assertion becomes more

admissible because the various stipulations on how land should be acquired for grazing in

both the NGRB and BOGPL specify in tandem parties to be approached for land, invariably

implying recognition of these parties as owners of the land.

Although the bill bears the date 2015, the NGRB presented at the lower chambers of

Nigeria‟s National House of Assembly, the House of Representatives came into public

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
limelight in 2016; the BOGP was presented to the Benue State House of Assembly in 2017.

Both the NGRB and BOGP were Executive bills seeking to be enacted as Laws, which for

BOGP came into fruition. The temporal sequence in which both documents surfaced in public

space is not accidental; the BOGP was intended to articulate the State‟s counter-position to

the contents of the NGRB and definitely signify a clash in ideologies on how best to manage

the crisis.

Prior to the appearance of the NGRB and BOGP in the public space, the country has

been witnessing incessant armed-conflicts between crop farmers and herdsmen in nearly all

parts of the country, but most especially in the middle belt region which is alias for Nigeria‟s

North-Central geo-political zone. Benue State along with Plateau, Niger, Kogi, Kwara and

Nasarawa is located in this region. The region has an agro-historical reputation, with Benue

State „enjoying‟ the status of being a major attraction as depicted in the following description:

The Middle Belt is home to some of the largest and most frequented international

transhumance routes in West Africa and the Sahel, playing host to the migration of

thousands of pastoralists who follow seasonal patterns along traditional and statutory

migration routes. Benue state lies at the intersection of international transhumance

routes, [of] semi-nomadic pastoralism, and cultivated croplands [italics mine]. Most

herders in Nigeria practice a nomadic or semi-nomadic manner of pastoralism – often

referred to as “open grazing.” This means that a herder will travel across large swathes

of land to nourish their livestock. While the Middle Belt is a major food production

and pastoralist hub, many farmers and herders maintain their livelihood on subsistence

basis. As conflicts increase, any threat to their crops or cattle are [sic] a direct threat to

their source of survival, forcing both groups to vehemently protect their own sources

of livelihood (Kwaja and Ademola-Adelehin 9-10)

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
It was against the backdrop of the crisis that both the NGRB and BOGP emerged albeit

attracting mixed reactions, as evidenced by these headlines published in the same National

Daily The Vanguard: Anti-open grazing law: Inter-religious body lauds Gov Ortom

(https://www.vanguardngr.com/2017/10/anti-open-grazing-law-inter-religious-body-lauds-

gov-ortom) and Anti Open Grazing law: Herders appeal for FG‟s intervention

(https://www.vanguardngr.com/2017/10/anti-open-grazing-law-herders-appeal-fgs-

intervention). The first headline voices support for the Benue State Governor, Samuel Ortom,

and the second appeals to the Federal Government to rein in the powers of the State

Government; two contrasting positions articulated within the same space.

Both the NGRB and BOGP target proffering solutions to resolve the incessant

conflicts between farmers and herders. However, the preceding descriptions paint a very

complex and intriguing context which has led to the existing discord between the

recommendations for land acquisition for grazing purposes in both the NGRB and BOGP.

The major discord is how the contents of NGRB and BOGP are discerned by actors within the

state and the federal government. From the angle of supporters of BOGP the NGRB is

inimical to rights of the Benue indigenous population to their ancestral lands while proponents

of NGRB consider the contents of BOGP as discriminatory and an infringement on the

constitutional rights of herdsmen who are predominantly Fulani.

The concern addressed in this article considers the narratives described in the

preceding paragraphs as extra-textual fallouts from the lexicalisation of land acquisition in the

NGRB and BOGP. That is how land acquisition for grazing is represented in the texts of both

the NGRB and BOGP; hence the focus on ideation. Because the reactions to both documents

are mainly perceptual, this article targets analysing the texts of NGRB and BOGP from a

linguistic angle to determine the veracity of positions assumed both sides of the discord. The

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
following section provides accounts of the theoretical framework adopted for subsequent

analyses.

Theoretical Background: ideational metafunction and the plane of ideology

Engaging the texts inevitably requires considering how language is used in NGRB and

BOGP to represent recommended processes for acquiring land for grazing. Focus on

representation constitutes the basis for subscribing to the ideational metafunction in the SFL

hub. The ideational metafunction refers to the representative features of meanings in texts;

precisely, how lexical formations in texts convey our experience of the world.

For methodological convenience, Halliday and Matthiessen define “phenomenon” as a

category for depicting and describing how experience is codified in texts as follows:

A phenomenon is the most general experiential category-anything that can be

construed as part of human experience. The phenomena of experience are of

three orders of complexity: elementary (a single element), configurational

(configuration of elements, i.e. a figure) and complex (a complex of figures,

i.e. a sequence).... (48)

Phenomenon is regarded as an entity realised through an architecture comprising elements,

figures and sequences, alternatively depicted below in figure 3:

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
Semantics

Sequence

Figure
Lexicogrammar

Element clause complex

clause

element of
structure: group/phrase
clause

Figure 3. Typical Realisation of sequences, figures and elements Adapted with


modifications from Halliday and Matthiessen (49)

All three constituents of phenomenon (i.e. elements, figures and sequences) are

domiciled within the plane of semantics, the meaning component of the language structure.

The arrows enact the relationship of realisation between the constituents and properties of the

lexicogrammar, which is the SFL plane for analysing how words, phrases, clauses, are strung

together to form sentences- called clause-complexes. Situating phenomenon, the construct for

experience in texts, within the plane of semantics underscores the perception that language

constitutes the “interpretative base” for making and expressing sense of/about the world. The

documents of NGRB and BOGP are texts because they are actual instances of language use.

They are products of the discourses generated during the legislation processes that occurred as

part of the contest ridden socio-political contexts highlighted in the preceding section. They

(i.e. the NGRB and BOGP) have been key referral points in the heated narratives reeled out

by the actors for the Benue State of Government (BNSG) and the Federal Government (FG).

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
They have been referral points because they are texts used to express and interpret

meanings. As texts they are artefacts of the discoursal events whose expression and

interpretation has had great impact on the perceptions plaguing efforts to resolve the crisis

between farmers and herders within Benue State especially and with residual effects in other

states within the region.

On the basis of figure 3, the phenomenon is acquisition of land for grazing as

represented in the NGRB and BOGP within the continuum of events comprising the conflict

between crop farmers and cattle herders in Nigeria. The elements are the lexical realisations

specifying the participants, actions/activities, objects/species and circumstances involved in

the phenomenon; the figures are the proposals and propositions signified through the

combination of words and phrases to form clauses; while, the linkages between the series of

proposals and/or propositions as well as the resulting relations of interdependence signify the

sequences.

The systems of transitivity and logical relations analyse lexicalisation of phenomena

in texts. Transitivity analysis involves “determining the process type, participants, and

circumstances realised in any clause” (Eggins 266); process type is most often marked by

lexical items which specify actions, events, etc and the participants, animate and inanimate

involved in the process, which is most often situated circumstantially via indicating time,

place, reason, etc. Transitivity analysis is clause based while logical relations address relations

between clauses constituent within a single sentence. The analysis of transitivity relates to

elements and figures and logical relations, sequences (as given in figure 3). Figure 4 specifies

the system network of transitivity options used in analyses. Transitivity options are

distinguished based on the kind of processes they represent. Processes are usually marked by

verbs or verb phrases which preselect the nouns, nominals and pronominals representing the

participants involved in the processes in texts. Material processes represent doings and

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
happenings relating to the material world. Mental processes textualise the “world of our own

consciousness” (Halliday and Matthiessen 245) which reflects our thoughts, emotions,

feelings and senses. Verbal processes are clauses of sayings; behavioural processes reflect

physiological or psychological behaviour; existential processes indicate the existence of

something or someone and relational processes are descriptive.

These options of transitivity are useful deictic resources for linking the wordings in

texts to their extra-textual referents. They are vital parameters for identifying the particular

choices of words, clauses etc deemed unpalatable to different actors in the crisis. Through the

considering the configurations of the material processes for instance, one can identify the

actors who are assigned greater privilege of agency in the land acquisition process such as

who should be approached for sale or lease, or has authourity to grant approval.

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
Material: + actor; (+goal) (+range)(+beneficiary)

Mental: +senser; +phenomenon

Verbal: +sayer; (+receiver) (+ verbiage)

Behavioural: +behaver; (+behaviour) (phenomenon)


Identifying: +token; +value
Existential: +existent

Relational
Clause
Attributive: +carrier;+attribute

Circumstances: +circumstances

Not

Figure 4. System of Transitivity. Adapted with modifications from Eggins (228)

Identifying transitivity patterns and logical relations of projection and expansion in

NGRB and BOGP merely highlight the grammatics but translating these features to explain

their sociological import requires, in Bartlett‟s terms, “relating relations of power in discourse

as accurately as possible to linguistic features” (69). Here, this is explored by interpreting the

linguistic features on the plane of ideology, as already defined in the introduction, which is,

recalled briefly, modelled according to J.R. Martin and the sociologically oriented version in

CDA. Analyses on the plane of ideology, here, focus on describing access to the ability to use

language and its affiliate media apparatus irrespective of political and economic status or, in

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
this case, tier of government in order to identify the ideological undertones in the NGRB and

BOGP. In alternate terms, finding answers to questions such as: who is empowered to

exercise greater control of the outcome of the land acquisition process? Whose rights of

access to land are given greater priority? Are there any attempts through choice of wordings

to promote cohesion between formal and indigenous socio-political institutions of

governance? Is there evidence of textual exclusion and/or inclusion i.e. which actors are

mentioned and not mentioned? Are the requirements spelt out in NGRB and BOGP universal

or particular or are there any exemptions hinging on traces of bias?

The analyses still resorts to more clinical parameters of linguistics in the manner

postulated by Bartlett through “increasing delicacy” of analysing lexicogrammatical

codifications (69). Delicacy refers to more in depth differentiation of choices in texts in clines

progressing from broader categories to the point which no further grammatical relations can

go beyond. In this paper, delicacy unfolds via specification of various process types along

with participants and circumstances down to actual identification of their exponential lexical

items found in the texts (see figures 5 and 5b next section).

The resulting instantiations of transitivity are juxtaposed with mappings of institutions

of governance (figures 1 and 2) to establish the indexicality of the prescriptions in both the

NGRB and BOGP to the situational contexts addressed by both documents. This invariably

means identifying textual features with distinctive reference to formal or indigenous systems

of governance or features instantiation attempts to create cohesion between both systems. The

logic of constantly linking texts to their extra-textual or contextual referents for example

actors, systems, and prescribed preferences reflects the a priori stance of this article, which is

that the discord triggered by how linguistic coding in both the NGRB and BOGP is

interpreted. The main problem is remotely a linguistic problem because both sides of

conflicting voices have anchored their opposing views on what the language of both

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
documents explicitly and/or implicitly codifies. Hence, this article uses the linguistic-based

parameters of transitivity in SFL linguistic theory and ideology in CDA in analyses of both

documents.

Methodology

The working assumption in this paper is that the ideation between the NGRB and

BOGP instantiates possible clash in ideologies of two principal actors, the Federal

Government (FG) and Benue State Government (BNSG). The adopted methodology

combines qualitative and quantitative approaches to refute or confirm the veracity of the

working assumption.

Corpus Analyses and Findings: transitivity patterns and ideological formations

Our dominant phenomenon is the representation of land acquisition in NGRB and

BOGP. The samples extracted from NGRB and BOGP i.e. 1-4 below show how land

acquisition is grammaticalised in both documents. Grammaticalised means modelling

lexicogrammatical features (e.g. selection of lexical items and syntactic structures) to reflect a

particular semantic goal for instance the material processes codify how land should be

acquired for grazing and participants empowered with the greater force of agency and the

mental process the assessment of the extent of suitability of requests and fulfilment of

requirements for approval.

The equity or inequity of the contents of BOGP 6(2) (see 1 below) is relative

depending on what side of the narrative a person or groups of person are. The clause explicitly

recognises the owner, head of the family and Kindred Head as owners of the land, a

recognition that conforms to the customary concept that land is a communal property albeit

implicit cognisance, through itemising, of the degrees to which members of the community

can exercise control of the land. Hence the owner is assigned first place in this cline of

ownership, then the head of the [owner’s] family and the Kindred Head. This calibration of

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
land ownership is a non-negotiable universal in the eyes of the Benue state indigene because it

explicitly conforms to the traditional socio-political structures (previously outlined in figure

1).

1. ///Upon being approached by the rancher (Circumstance: contingency), the owner,

head of the family and Kindred Head that owns the land (Participants: actors), after

consultation with community leaders and with the endorsement of the Kindred Head

and the Chairman of the relevant Local Government Traditional Council

(Circumstance: accompaniment), may grant (Process: doing [modalised]) his consent

(Goal) in writing (Circumstance: manner) for One-year lease of the land

(Circumstance: extent) and on such terms and conditions as <<the parties may agree

upon>>(Circumstance: contingency)..../// (Benue Open Grazing Prohibition and the

Establishment of Ranches Law 2017, 6(2))

(3 actual participants i.e. the owner, head of the family and Kindred Head; 5 embedded

in circumstantial of the Traditional Local Government Traditional Council phrases i.e.

the rancher, community leaders, the kindred head, Chairman of... Local Government

Traditional Council and the parties)

But it has been interpreted as taxing for the rancher; who is assigned a subservient role

within the syntactic frame of a mere circumstantial phrase upon being approached by the

rancher. The other latent actors featured within circumstantial phrases are more highly

positioned than the rancher namely community leaders, the kindred head, and Chairman of

the relevant Local Government Traditional Council. Regardless of their occurrence in

circumstantial phrases, the word consultation in the clause assigns their referents great

leverage over determining how the land owners act. While the rancher made 100 percent

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
dependent on the land owners, is burdened with the responsibility of initiating the process by

approaching the land owners.

With paragraph 20(1-2) (see 2 below) the impression of infringement reverses and the

single active participant the commission is authorised to enforce the full instrumentality of

actions to acquire land for grazing, much to the pleasure of the potential rancher but to the

consternation of other parties empowered by BOGP.

2. ///The Commission (Participant: actor) shall undertake (Process: doing [modulated]) a

physical and geographical analysis of land use in each State (Goal) in order to

ascertain the best and most appropriate place to establish a National Grazing Reserve

within the State (Circumstance: reason).///

(National Grazing Reserve (Establishment) Bill 2016, paragraph 20 (1-2) (only 1

participant mentioned i.e. The Commission))

The clause obviously gives a single actor the Commission the power to act unilaterally where

BOGP recommends a multilateral approach to the same action via naming multiple actors (see

1 above). Many state actors read this clause to mean an award of the status of infallibility to

the Commission.

Similarly the herdsmen, the presumed ranchers, find Section 10 of the BOGP (3

below) most unpalatable and discriminatory. The clause names only one active participant,

who benefits from the process of exemption. The choice of the noun indigene and qualifier of

Benue State… has been considered one of the most provocative of the wordings in this clause.

3. ///Any indigene of Benue State <<who wishes to set up a personal ranch on his own

land>> (Participant: beneficiary) shall be exempted (Process: doing [modalised])

from provisions of section 5,6,7,8 and 9 (Circumstance: contingency).///

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
((Benue Open Grazing Prohibition and the Establishment of Ranches Law 2017, 10)

(One participant: Any indigene of Benue State who wishes to set up a personal ranch

on his own land, actor)

Furthermore, the choice of wishes, which construes a mental process, hints at the law

conferring total dominium to the indigene, a sense which is repeatedly underscored by the

phrase his own land.

The state actors, i.e. indigenes of Benue State, find the choice of the collective term

the communities in paragraph 25 of NGRB (4 below) equally provocative, because it

represents them in a passive role, with no influence on how land is acquired for grazing. Their

only role is to be informed, when the Commission makes the designation of their land as

grazing land known to them. Again the subservient role assigned to disadvantaged party is

grammaticalised by placing the respective participant‟s identity, here the noun phrase the

communities within the body of a mere circumstantial phrase within the clause.

4. ///The Commission (actor)shall cause (doing) the particulars of the land reserved as

Grazing Reserves in each State (range) to be known in the communities in <<which

the land is situated>> (reason) ..../// ((National Grazing Reserve (Establishment) Bill

2016, paragraph 25) (only 1 participant mentioned i.e. the Commission, the other i.e.

the communities, embedded in the circumstantial phrase))

Transistivity patterns in 1-4 are alternatively mapped out in figure 5 progressing from

the general category of the material clause down to the lexicogrammatical items. Further

within the choices for participants and those embed within circumstantial phrases in figure 5b,

non-textual categories are included to specify the systems of socio political organisations

represented in the clauses. Accordingly, the category indigenous (abbreviated Idg. in fig.5

also in 5b) indicates that persons assigned roles in the processes of land acquisition are drawn

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
from the indigenous or traditional socio-political organisation given in figure 1 while the

category formal are derived from the formal (Fl.) or official structures represented in figure 2.

Key: Pr. Process; Pt. Participant; Cir


Circumstance; Idg. Indigenous; Fl. Formal

[may] grant (1)


[shall]undertake(2)
Pr: doing [shall]be exempted (3)
[shall] cause (4)
Idg: the owner, head of
family, kindred head (1), any
actors indigene of Benue State(3)

Fl: the commission (2) &


(4)

Idg: his consent (1)


Material
clause
Pt goal
:

Fl: a physical and


geographical analysis
of land use (2)

Range: Fl: the particulars of the land


reserved as Grazing Reserves in each
Figure 5. Mappings of Cir: [fig.5b]
State (4)
increasing delicacy

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
[consultation] with
Idg: community leaders
(1);[endorsement]of the
Kindred Head and
Accompaniment Chairman of the relevant
Local Government
Fl:Ø Traditional Council (1)

Contingency: Single:
[approach]
by the
rancher (1);
collective :
Cir. [terms and
conditions
as] the
parties[ may
agree]...(1)

Location: in each state; within


the state(2)

Reason:[ascertain] [establish]
[known] a national Grazing Reserve
in each State(2); in the communities
(4)

Figure 5b Mapping of Circumstances in 1-4

The inclusion of the non-textual categories underscore that excerpts in 1-4 are not read

as autonomous texts but rather as part of the narrative unfolding in the social context shaped

by multiple socio-political factors, as highlighted in the contextual background, which

invariably functions as the ideological formations marking who is empowered by means of

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
explicit lexicalisation and/or languaging to enforce the doings prescribed in the BOGP and

NGRB.

Accordingly, the choice of persons assigned active and/or passive roles signal the

socio-political structures/systems constraining the wordings in each document. The BOGP‟s

recognition of indigenous systems of social control is lexicalised through the following terms,

the owner, head of family, kindred head (1), any indigene of Benue State(3), the overt

subscription to the official system is marked solely by the commission (2) in NGRB. The

occurrence of similar items in circumstantial phrases or rankshifted clauses (see figure 5b)

accounts for „incongruent‟ lexicalisation of participants based on Eggin‟s postulation that

circumstantial items are potential participants. Therefore, the participants realised within the

circumstantial items namely with community leaders (1), of the Kindred Head and Chairman

of the relevant Local Government Traditional Council (1) also count as participants derived

from indigenous systems.

The analyses in the preceding paragraphs yield the frequency distributions summed up

in table 1:

Table 1: Frequency distribution of processes and participants in BOGP 2017 and 2015

NGRB

s/n Document(s) #Clauses Processes Participants

Idg. Fl. Others

1 BOGP 2017 32 Material (29) 29 19 13


(90.62%)
Relational (2) (47.54%) (31.14%) (21.31%)
(6.25%)
Mental (1) (3.12%)
2 2015 NGRB 34 Material 5 26 5
(28)(82.35%)
Relational (5)
Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
(14.70%) (13.88%) (72.22%) (13.88%)
Mental (1) (2.94%)
Key: Idg.: indigenous; Fl.: formal/official

Material process features more frequently in both documents than the relative and

mental processes for the reason that it is used to represent doings. This pattern of ideation is

no coincidence because both the NGRB and BOGP are intentionally designed to prescribe

what should be done to resolve/manage the recurring crisis between crop farmers and cattle

herders. The choices of participants varies also, with indigenous participants occurring higher

in BOGP than in NGRB while participants representing official government systems are

assigned more roles in NGRB than in BOGP. Implications of these lexicalised options are

discussed below.

Discussions: Unfolding the discordant Ideation between BOGP 2017 and 2015 NGRB

It has been considered a priori that the wordings of BOGP 2017 and 2015 NGRB are

constrained by opposing ideologies. Both documents are emergent from the narratives

generated by the conflicts between herders and farmers in Nigeria. Situated within the

complex web of Nigeria‟s laws, governance and multi-ethnicity, the languaging in both

documents reveals what systems of governance or social control are dominantly subscribed to

by their authors especially as it relates to the question(s), who owns the land and should be

assigned more active and/or passive roles in the acquisition of land for grazing?

According to the analyses summed up in table 1 in the previous section, the material

clause has the highest frequency of realisation. Most often the processes in material clauses

enact doings. Series of doings are sine qua non prerequisites for acquiring land for grazing;

hence the wordings of target segments of BOGP and NGRB feature clauses specifying how

land should be acquired for grazing, the people empowered to be involved in the processes of

acquisition and the attendant circumstance. Therefore, the predominance of material processes

in the corpus is not accidental but rather underscores the perception that the texts are social
Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
semiotic extensions of their social context or the phenomenon addressed by BOGP and

NGRB.

As social semiotic extensions, both the NGRB and BOGP reflect the perspective of

the forces behind their drafting. That is the controlling parties responsible for their production

and dissemination: the Benue State Government and the Federal Government of Nigeria. The

discursive event, the crisis between crop farmers and herdsmen/animal pastoralist is the

common phenomenon addressed by both documents. The intended discourse is multilayered:

they both scheme out solutions to the crisis, but their solutions reflect different visions of the

common problem, hence the mixed reactions from the intended beneficiaries.

The ideation or rather representation of land acquisition in BOGP 2017 bear more

proximate reflexion of its socio-political context because it explicitly recognises the role of

participants from both the indigenous and formal or official socio-political structures. In

contrast, 2015 NGRB has high potential to be construed as rather too exclusive because it

aligns more with the official socio-political context than the indigenous systems. Because of

the silence on the role of indigenous participants, NGRB leaves room for misinterpretation.

The broad term, the communities, needs to be broken down to explicitly itemise the respective

levels of ownership e.g. the actual land title holder, the head of his or her family, and other

communally recognised representatives. Rather than situate the power of acquiring land in a

single party, the Commission, adopting the multilateral approach involving other stakeholders

could eliminate the suspicion in the minds of most state actors. Similarly, the phrase any

indigene of Benue State should be qualified with more inclusive terms.

The nature of the roles assigned participants also vary; using the options active and/or

passive, one could consider that the effect of their functions in the process is constrained. In

the BOGP, participants drawn from the indigenous systems enjoy active roles as realised by

the verbs grant in 1 and incongruently through nominals consultation and endorsement. The

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
former enacts the force of agency exercised by the actors i.e. the owner, head of family,

kindred head, to allow access to possession of acquiring land; the phrases comprising the

nominals are more or less compressed alternatives of the clauses: (a) the owner, head of

family, kindred head consult(ed) with community leaders and (b) the Kindred Head and

Chairman of ...Local Government Traditional Council endorse(ed).... The verb consults or its

nominal consultation connotes that the force of agency is not borne solely by the owner, head

of family, kindred head rather it reflects dependence on the feedback to be given by the

community leaders. In (b) the connotation places the force of agency on the Kindred Head

and Chairman of ...Local Government Traditional Council. The kindred head is English term

for the 5th class traditional rulers while the Chairman of the Local Government Traditional

Council is the 2nd class traditional ruler (see figure 1).

In addition, the official system that is the Benue State Government is lexicalised

through the Department, the Commissioner and the Governor; and feature mainly in active

roles, most often assigned with primary force of agency:

5. ///The Department [participant: actor] shall undertake or cause to be

undertaken[process: doing] by professionals[circumstance: means] an Environmental

Impact Assessment of the Land applied for by the rancher [participant: range]///;

(Benue Open Grazing Prohibition and the Establishment of Ranches Law 2017, 6 (4))

6. ///The Commissioner [participant: actor] upon receipt of the recommendations of the

Department, the owner of the land, family head and Kindred Head and the community

within which the land is situated [circumstance: contingency] forward [process: doing]

a report [participant: goal] thereon to the Governor [circumstance: location]// who

[participant: actor] may,// if satisfied that the best interest of the State will be served

[circumstance: contingency]//, approve [process: doing] the issuance of a ranching

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
permit to the rancher [participant: goal]./// (Benue Open Grazing Prohibition and the

Establishment of Ranches Law 2017, 7(1))

In 5, the force of agency is assigned to the Department and in 6, the Commissioner and the

Governor via anaphoric relations with who. 6, moreover, instantiates efforts to align processes

within the official and indigenous structures; thus, the action of the Commissioner is

dependent on the contingency of recommendations (nominalisation for the doing,

recommend) of the Department, the owner of the land, family head and Kindred Head and the

community within which the land is situated.

In contrast, items lexicalising the Federal Government in the 2015 NGRB enjoy the

sole force of agency as exemplified previously in 2, 4 and 7 below:

7. ///The Commission [participant: token] is [process: identifying] hereby empowered to

acquire land [value] in any part of the Federation [circumstance: location] for the

establishing Grazing Reserves [circumstance: reason].///

7 is a relational clause specifying the nature of the authority assigned to the Commission to

execute in the course of acquiring land in 2015 NGRB. Where another participant is

mentioned in the same co-text as the Commissioner, that participant is assigned a more

passive role as is the case in 2 where the phrase a physical and geographical analysis of land

use in each State is the goal, a passive participant. The term with nearest indexical relations

with the indigenous structures is the community or communities and features in passive roles

within the processes prescribed in 2015 NGRB. In 4, for instance, the term, communities,

provides qualifying information about location for establishing grazing reserves but none

about the inhabitants or the people.

Conclusion

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
Discussions have been anchored on the concepts of ideation, language, ideology and

language as a social semiotics. Through analyses of transitivity [patterns] of the Systemic-

Functional Linguistic (SFL) and ideological formations, it has been possible to describe

dissenting perspectives from which the processes for acquiring land are represented in both

the Benue Open-Grazing Prohibition and the Establishment of Ranches Law of 2017 (BOGP)

and the National Grazing Reserve (Establishment) Bill of 2015. The source of dissent

established is the difference in underlying ideologies constraining the wordings of

prescriptions in both documents.

The underlying ideology is construed here to reflect the socio-political structures and

systems subscribed to in the BOGP and NGRB. This is taken note of given the backdrop of

contextual issues surrounding the drafting of both documents. Hence, considered as

mediations in Nigeria‟s farmers-herders‟ crisis, how both documents tackle question, who

owns the land and should have a say on how it should be devised for grazing contribute

massively to the unfolding narrative about the conflict. The contributions based on

observation of the respective segments focused prescribing how grazing land should be

acquired have been shown to be conflicting, open to multiple controversial interpretations.

The topic of this paper is a major part of controversial narratives questioning Nigeria‟s

nationhood through calls for resource control, restructuring and the reduction of Federal

might. The dissonance between 2015 NGRB and BOGPL 2017 instantiates the challenge

faced by the modern day African independent state which is the dilemma of managing its

mixed wealth of indigenous systems of social control and received forms of social control.

The paper therefore concludes that the controversy between 2015 NGRB and BOGP

2017 is language related because in codifying the bill and the law too much room has been

left for misinterpretation. The BOGP 2017 has been interpreted as impeding on the rights of

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
other Nigerians, who are not natives of Benue State for e.g. the Fulani herders and the NGRB,

an impediment on the rights of the indigenous ethnicities in Benue State and an encroachment

by the Federal Government on the rights of the Benue State Government to promulgate laws

within the State. It is imperative that language be given due consideration in the process of

codifying policies and laws.

Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351
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Citation info: Vande-Guma, Clara D.S. (2021). Between Bills and Laws: Dissenting Ideation of
Acquisition of Land in Nigeria’s Farmers-Herders Crisis. The Griot 2 (1), 316-351

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