AN APPRAISAL OF THE CONCEPT OF ANIMALS PROTECTION AND ITS APPLICATION UNDER STATUTORY AND ISLAMIC LAWS IN NIGERIA

(A CASE STUDY OF SOKOTO AND ZAMFARA STATES)

By

Author

Presented To

Department of Law

ABSTRACT
Generally, human beings relate and deal with animals in many instances. However, in the course of dealing or relating with animals, human beings take undue advantage of animals thereby subjecting them to abuses, and needles exploitations Thus, cruelty and maltreatment of animals are common practices in various local communities, particularly in underdeveloped countries like Nigeria. Hitherto, the concept of animal protection was developed out of empathy for the plight of animals. In recent time, however, animal protection has become integral part of human development, and gradually grows to be concern of many contemporary societies. However, little or no attention is so far paid to view animal protection from ethological perspective. From practical perspective, there are various national and international legal frameworks which seek to provide protection to animals. However, in Nigeria, these laws appear to be ineffective and inefficient and invariably fail to protect animals. The objective of this research is to examine animal protection as a concept, as well as its application under statutory and Islamic laws in Nigerian not only from dominant view of human perspective, but also, from ethological perspective of animals as an independent species. Using both doctrinal and empirical methodology, the research establishes that animal protection as a concept is a controversial subject that is founded on unrealistic assumptions. The research also established that there is need to holistically review and change the narrative about animal protection from the perspective of human selfish interest, to ethological perspective that sees animals as an independent species. Also, the relevance and significance of animal protection to human development and animals as species cannot be overemphasized. The research has further showed that animal protection is not an unknown phenomenon to Nigerian laws including Islamic law. There are many laws that seek to protect animals in the country. However, in practice, these laws are archaic, ineffective and inefficient. It is disheartening to say, considering the rate at which animals are being abused in Nigeria; one tends to wonder whether there is any law protecting animals in the country. Often, the laws are flouted and violated with impunity. The Islamic rules which promote animal welfare and protection are neglected and flouted by Muslims. The research finds that ignorance, cultural orientation and poor animal governance are the major factors responsible for the ineffectiveness of these laws in Nigeria. Therefore, to develop an effective and efficient animal protection laws in Nigeria, there should be review and change of narrative about the concept, including legal reforms that would bring forth viable, acceptable and realistic animal protection laws. Also, there should be a rigorous public enlightenment and campaign on animal protection laws and their benefits to human society. Beyond this, governments and its relevant agencies should take enforcement of animal protection laws serious. Concerted efforts should be made by government to ensure that violators of animal protection laws are brought to book. As a viable and effective animal protection system is now an ingredient of human and environmental development.