The Need For Law Protecting The Rights Of Animal In Nigeria
By Nnamani Ogbonna
Domestic animal has some rights. Human beings have rights enshrined in chaper1v of the 1999 constitution of the federal republic of Nigeria.
I hereby call on the national Assembly to enact law that will detail the rights of animal in Nigeria
The beating of animal, cutting their tails, infliction of grievous injury on them ,and the use of animal for exhibition offends the rights of animal. Many countries of the world have laws that provides for the rights of animal. Nigeria should follow suit. Kenya has such law.
In America, The animal welfare Act was signed into law in 1966. It is the only federal law that regulate the use of animal for research, exhibition ,transport and other activities
In 1822, martins Act was signed into law in Ireland. The law is for an act t0 prevent cruelty to animal. The law provides for two years offence for the violation of the law.
Other countries of the world have similar laws. In 1822, a new York court held that that wanton cruelty to animal was a misdemeanor under common law. In France , in 1850, Louis grammon was passed. This law prohibits cruelty to animal
In India, the Animal welfare Act 2011 makes an elaborate provisions on the rights of animal . section 3 of the Act charges any person that has care of animal to ensure that he doesn’t inflict pain, trauma, or suffering on such animal. The same section 3 provides for the freedom of animal to include(1) freedom from thirst, hunger and malnutrition(2)freedom from discomfort due to environment(3) freedom from pain ,injury and disease(!v) freedom for normal behavior for the specie and (v) freedom from fear and distress. Under section 33 of the act , the breach of the provisions of the law attracts seventy five thousand rupees and imprisonment not less than five years
Kenya has a similar law. Imagine Kenya to have such law and we that is the giant of Africa has no such law .The Kenya law is The prevention f cruelty to animal Act cap 360, 2012 laws of Kenya. Section 3 of the Act provides as follows
A person shall be guilty of an offence of cruelty if he—
(a)cruelly beats, kicks, ill-treats, over-rides, over-drives, over-loads,tortures, infuriates or terrifies any animal; or
(b)uses an animal which is so diseased, injured or in such physical condition that it is unfit to be so used; or
(c)conveys, carries, confines or impounds an animal in a manner or position as to cause that animal unnecessary suffering; or
(d)without sufficient cause, starves, underfeeds or denies water to an animal; or
(e) being the owner of an animal, without reasonable cause or excuse,abandons it, whether permanently or not, in circumstances likely to cause the animal unnecessary suffering; or
(f)being the owner of an animal, keeps it in a grossly dirty or verminous condition or, without reasonable cause or excuse, fails to procure or administer veterinary treatment or attention for the animal in case of disease, injury or delivery of young; or
(g)wilfully, without reasonable cause or excuse, administers any
poisonous or injurious drug or substance to an animal or causes any such substance to be taken by an animal;
(h)subjects an animal to veterinary surgery in contravention of the
Veterinary Surgeons Act (Cap. 366); or
(i)subjects an animal to any operation, surgical interference or other treatment which is performed without due care and humanity; or
(j)being the owner of any animal, fails to have it destroyed where the animal is so seriously injured or diseased that to prolong its life would cause it unnecessary suffering; or
(k)hunts, kills or destroys any animal in such a manner as to cause that animal more suffering than is necessary; or
(l) being the owner of any animal, without reasonable cause or excuse,does or omits to do an act which causes unnecessary suffering to the animal.
(2) Any person who causes or procures any animal to be used or treated in contravention of any of the provisions of subsection (1) of this section, shall be guilty of an offence of cruelty.
(3) Any person guilty of an offence of cruelty shall be liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding six months, or to both.
(4) Nothing in subsection (1) of this section shall render illegal—
(a) the hunting and killing or destruction of any animal under the
provisions of the Wild Life (Conservation and Management) Act
(Cap.376), the Rabies Act (Cap.365) or any other written law for the time being in force; or
(b)subject to the provisions of section 7 of this Act, the coursing and hunting of captive animals;
(c)subject to the provisions of section 8 of this Act, the slaughtering of any animal; or
(d) subject to the provisions of section 9 of this Act, the training of any animal; or
(e) the performance of an operation on an animal under the provisions of the Veterinary Surgeons Act (Cap.366); or
(f)subject to the provisions of Part III of this Act, the performance of any experiment on an animal, where the compliance with any provisions of that subsection would necessarily frustrate the object or purpose of the hunting and killing or destruction, coursing and hunting, slaughtering, training, or the performance of the operation or experiment
Nigeria is the giant of Africa. I hereby call on the National Assembly to make such law to provide for the rights of animal.
BY Nnamani ogbonna, an Abuja based legal practitioner.08068599914