ACCESS TO JUSTICE PROGRAMME, NIGERIA LAND RIGHTS AND MECHANISMS FOR RESOLVING LAND DISPUTES IN BENUE STATE. BY M. A. EGUTE I. O. ODE J. J. KUR All of Benue State University, Makurdi © A2J 2004 1 ABBREVIATIONS - F. G. D. : Focus Group Discussion - L. G. A. : Local Government Area. - N. L. R. : Nigeria Law Report - N. L. R. C. : Nigerian Law Report Cases - T. O. R. : Terms of Reference ACKNOWLEDGEMENTS We the researchers will first of all register our sincere gratitude to God Almighty for keeping and giving us the strength to carry out this research. We will also wish to acknowledge and thank Access to Justice, Nigeria for selecting and granting us the opportunity to carry out this research. The entire staff of Access to Justice, Abuja and Makurdi branches are remembered for their co-operation. Special thanks go to Lucrecia Seafield of the Makurdi branch, Vince Del Buono and Danladi Plang all of Abuja for their directives. Lola Odubekun of Abuja branch has also been so instrumental through viable suggestions and directives that assisted in achieving this work. We are equally grateful to all the respondents of the five Local Government Areas for sacrificing time to attend to our questionnaire. The Chiefs and elders of Katsina-Ala, Ado and Oju Local Government and the youths as well as women leaders are deeply remembered for their participatory roles during the focus group discussions. The Justices of the Customary Court of Appeal and the Area Court Judges who granted us audience as key informant interviewees are also remembered and acknowledged. The interviewers can not be forgotten for a job well done. We will not exhaust this list without giving thanks to those lawyers that provided us with useful information relating to questions that emanated from the terms of reference. We equally recognise and acknowledge the “white papers” which were consulted, test books and every other contributor whose name cannot or has not been mentioned here. 2 CONTENTS Cover Page ----------------------------------------------------------------- i Abbreviations -------------------------------------------------------------- ii Acknowledgements --------------------------------------------------------- iii Executive Summary -------------------------------------------------- iv CHAPTER ONE: 1.0 Introduction/ Background ----------------------------------------- 1 1.1 Statement of the Problem ------------------------------------------ 1 1.2 Research setting ----------------------------------------------------- 4 1.3 Objectives of the Study ------------------------------------------- 6 1.4 Profile of Crises and Land Disputes in Benue State------------- 8 1.5 Methodology --------------------------------------------------------- 9 1.5.1 Design ---------------------------------------------------------- 9 1.5.2. Sample Size ---------------------------------------------------------- 10 1.5.3. Sampling Procedure ------------------------------------------ 11 1.5.4. Instruments of Data Collection ----------------------------------- 12 CHAPTER TWO: Literature Review ----------------------------------------------------------- 13 CHAPTER THREE: Perception of the Research Participants 3.1 The Poor --------------------------------------------------------------- 18 3.2 Traditional Institutions----------------------------------------------- 21 3.3. Judicial Officers------------------------------------------------------- 28 3.4 Views of practising lawyers--------------------------------------- 35 CHAPTER FOUR: 4.0 Data Analysis-------------------------------------------------------- 40 4.1 Socio-demographic characteristics of Respondents ------------ 40 4.2 Description of current laws, Administrative Policies and Local Practices Relating to Acquisition, Documentation and Registration of Land Rights in Benue State.------------------------------------- 45 4.3 Identification of Local Practices that are Inimical to Women’s enjoyment of land Rights ------------------------------------------- 47 4.4. Identification of the Problems Relating to the Acquisition, Documentation and Registration of Land Rights for the Poor in Benue State ------------------------------------------------------ 49 4.5. Mechanisms for Resolving Land Disputes in Benue State.---- 50 4.6 Causes of land dispute in Benue State -------------------- 52 CHAPTER FIVE: Recommendations and Conclusion 5.1 Recommendation--------------------------------------------------- 65 5.2 Conclusion----------------------------------------------------------- 77 Experimental Learning -------------------------------------------------- 80 Reference list of sources used for the research-------------------------- 85 Appendix Terms of References -------------------------------------------------- 84 Questionnaire ---------------------------------------------------------------- 87 Focus group discussion guides -------------------------------------------- 96 Map of Benue State Photographs of vital events : - Picture 1 -The ravage site of Ikyurav Tyiev village in Katsina-Ala LGA under construction 3 - picture 2 -The ravaged compound of chief Aule Gber of ikyurav Tyiev under reconstruction - Picture 3 -The District Head of Ikyurav-Tyiev and two clan heads of Katsina- Ala LGA. - Picture 4 -Discussants in a FGD with some members of the research team - Picture 5 -Elders of Ufia Utonkon of Ado LGA in a FGD - Picture 6 -Happy youths and elders at a FGD in Ado LGA - Picture 7 -Chief obarike Okpani, clan head of Ibilla in Oju LGA with the lead researchers - picture 8 -team of researchers in Oju LGA 4 EXECUTIVE SUMMARY The study was a survey on land rights and mechanisms for resolving land disputes in Benue State. Five Local Government Areas (LGAs) being Katsina-Ala, Gboko, Gwer, Ado and Oju were the location for a wide ranging scoping. The five LGAs cut across zone A, B, and C comprised of the Tiv, Idoma and Igede considered to be the major ethnic groups in the state. Makurdi is the State capital and the 5 chosen LGAs out of 23, are considered to be the most vulnerable as communal disputes are most rampart. The study adopted a multi-stage sampling process in a bid to obtain a base line information on land rights while the data collected from the field was sorted, coded and entered into the computers for analysis. The statistical package for social sciences (SPSS) was used for analysis of 64 in-depth questionnaire. The questionnaire were administered to 79 persons in each local government drawn randomly by a simple random technique from at least two clans. A total of 395 respondents therefore were consulted. 9 focus group discussions were carried out in 3 LGAs. This was supported with consultations with other key audience like lawyers, judges, women leaders and traditional rulers. Some relevant laws were also analyzed and this included the land Use Act, 1978, now cap 202, LFN; the Chief (Appointment and Deposition) Law, cap.20, Laws of northern Nigeria 1963 and case Law. The survey results revealed the following: that communal crises are rampant in Benue State and generally caused by marginal boundaries, persistent trespass to land, mismanagement by those in control, the negative role of the elite and increase in family sizes over the years to mention just these. The study equally revealed that most titles to land are customary and most often not registered leading to conflicting and counter-claims which are most often difficult to prove. Furthermore, it was established that in Benue State, the women and widows are excluded from managing the land through direct control and disputes settlement due to the prevalence of archaic and discriminatory customary practices. The research equally ascertained that the youths who are the future leaders of tomorrow do not participate in the management of the land or are they involved in disputes resolution over land. From the major findings of the research, the following key action points are discernible for reform in a bid to secure land rights and improve on the mechanisms for resolving land disputes in Benue. First, on the issue of marginal boundaries, government through the appropriate agencies should demarcate all disputed boundaries with dispatch. Moreover, on the issue of appropriate means of settling land disputes, it is suggested that, the old traditional customary arbitration system through the chiefs be restored with some minimum powers to deal with erring chiefs. It is equally suggested that the archaic and discriminatory customary practices that prevent the women and widows from managing the land should be immediately abrogated in line with S.42(2) of the 1999 Nigerian Constitution which states that, “No citizen of Nigeria shall be subject to any disability of deprivation merely by reason of the circumstances of his birth”. Finally, the non inclusion of the youths in the management of the land and disputes resolution should be reconsidered and as such, they should be highly involved as future leaders of tomorrow. This is possible through organized based programmes and enlightenment campaigns with the elders. 5 CHAPTER ONE INTRODUCTION/BACKGROUND 1.1 Statement of the Problem The Access to Justice Programme Nigeria under the Department for International Development of the British Council aimed at enhancing access to, and the quality of, safety, security, justice of ordinary Nigerians. It conceives justice as an essential condition for the creation of sustainable development and for the eradication of poverty – both globally and here in Nigeria. The rule of law – in its observation and enforcement