Access to Justice Programme, Nigeria Land

ACCESS TO JUSTICE PROGRAMME, NIGERIA

LAND RIGHTS AND MECHANISMS FOR RESOLVING LAND DISPUTES IN BENUE STATE.

M. A. EGUTE I. O. ODE J. J. KUR

All of Benue State University, Makurdi

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.

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

- 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

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.

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 – protects the property, business and personal security of all citizens, regardless of gender, social status, wealth, ethnicity and religion. An effective and efficient justice system is particularly important to the poor. The loss through theft or destruction of small amounts of surplus resources (whether money, property or food) can mean the difference between a sustainable livelihood and abject poverty. During consultations with various stakeholders in Benue State, the need to improve processes around the formal documentation of land rights to ordinary people and reorganise the mechanisms for the resolution of land disputes were identified as major critical issues that, unchecked, were causes of conflicts in the State. In addition, they represent an important issue of justice for the poor – insecurity resulting from precarious land property rights. Land which is a primary capital asset and generally the most durable, serving as an almost unlimited reservoir of sustenance for the man who has the use and enjoyment of a usable portion of it, is looked upon as the nucleus of man’s livelihood and survival. It is generally acknowledged that land is central to the process of development, and satisfies the basic needs of mankind, being farming and building most especially. It belongs to a vast family of which many are dead, a few are living and countless members are unborn1. All Nigerians in their respective communities including the people of Benue State are entitled to obtain land for specific purposes of exploitation and residence. Individuals achieve this under native law and customs by a fairly simple method through being a member of, or residing with a local kinship group, village or tribe and sometimes through contractual relations such as loans, sales, pledges, gift and leases; under statutory law, by a grant from the State or Local Government in Nigeria. In order to provide for these different methods of land occupation and rights thereof, there is need for properly laid down rules of how to create these interests in land which everybody is entitled to. In a bid to ascertain these rights and privileges over land in Benue State, competing claims have resulted in conflicts between families and different communities. These conflicts have most often resulted in the extensive destruction and lose of life and property worth millions of Naira2. As a result of the complete burning down of villages and the total destruction of farm lands and crops, most communities have often abandoned their original settlements in search of new ones3, as well as sought refuge in

1 A Report made by a chief in Nigeria to the West Africa Lands Committee of 1912 2 see finding 2.2 (ii) and (iii) of chapter two of the Report of the Judicial commission of inquiry into the communal crisis between Mbagwaza and Utange Districts in Ushongo Local Government Area (1998) where property destroyed from both sides was valued at about N47,597.052.

3 see Recommendation 1.3 (iii) of August, (1998) on the Report of the Ushongo Crisis (Supra) where it was reported that the Utange people displaced from the West of Dura stream abandoned their land and took refuge among their Kith and Kin on the East side of Dura stream.

police stations. It is interesting to note that the commission of inquiry recommended that the Utange people be allowed to settle permanently on the East side of Dura stream meaning that their original settlement on the west side of Dura stream was going to be lost. Benue State Government however rejected this recommendation. The abandonment of original settlements in Benue State has therefore made life very difficulty for the over 70 percent of the population which depends solely on subsistence farming and is equally found within the rural areas as well. The right of the people to acquire land therefore for agricultural and residential purposes have been stripped off and shattered, thereby subjecting them to abject poverty, sorrow, agony and grief. Recent examples of such crises arising from land disputes as established under the terms of reference and evidence gathered from FGD and interviews have been reported between: - The Tiv and Jukun in Abinsi - The Ipav/Ushongo Communal conflict around Gboko - The Igede/Tiv Crises around Konshisha/Oju - Agila – Ngbo in Ebony State - The Minda/Kparev conflicts around Makurdi - Tiv communities and the Jukuns in Taraba State - Tiv communities and their neighbours in Nassarawa State. - Vandeikya crises with Obudu in Cross River State. etc.

1.2 Research Setting The research covers five local government area councils of Benue State: being Katsina-Ala; Gboko; Gwer; Ado and Oju4. The first three local governments are found within the Tiv speaking area and speak the Tiv language while Ado and Oju are located within the Idoma speaking area. In Ado, the languages spoken are Ufia, Idoma and Agila, while in Oju, the principal language is the Igede language. These selected local governments are equally spread within the three zones, being zone A, B, and C that make up Benue State, in a bid to obtain or achieve a broad base and equitable results. These local governments have also been selected due to the frequent occurrence of communal crises and not just because they represent the three zones. It must be noted that there are currently so many unsettled land disputes in the areas, pending before the courts, traditional councils and commissions of inquiry set up by Benue State Government. Benue State was created on February 3, 1976. It was one of the seven states created by the military administration headed by the late Murtala Mohammed, which increased the number of States in the country from 12 – 19. The State derives its name from River Benue, the second largest river in the country and it is the most prominent geographical feature in the State. At present, Benue State has twenty-three local governments, 14 in the Tiv speaking area and 9 in the Idoma speaking area5. the Tiv people are the majority and spread to other states like Nassarawa, Taraba, Plateau and Cross-River, followed by the Idoma, then the Igede people and other smaller groups. Benue State lies in the middle of the country and thus falls within the middle Belt States and shares boundaries with Nassarawa to the North; Taraba to the East; Cross River to the South; Enugu to the South –West and Kogi to the East. The State also share a common boundary with the Republic of Cameroon on the south-east and has a population of about 2,780,389 and occupies a landmass of 30,955 square kilometres6.

4 See map of Benue State at the Appendix 1 5 Fact sheet on Benue No. 2 (obtained at the ministry of information Makurdi). 6 1991 Census figures.

Benue State has been acclaimed as “Food Basket of the Nation” probably because of its rich agricultural potentials which include yams, rice, beans, cassava, sweet potatoes, maize, Soya beans, sorghum and cocoyams. It has vast and fertile landmass, which is tilled by the over 70% of its population that treasures agriculture as the bedrock of its livelihood. The River Benue equally presents great potentials for a viable fishing industry and dry season farming through irrigation.

1.3 Objectives of the Research The objectives of this research have emanated from the major theme which is an evaluation of land rights and mechanisms for resolving land disputes in Benue State. These objectives will be investigated to see how they affect current local policies and practices, law and administrative rules, in a bid to ascertain how they impede the peaceful enjoyment and restrict access to land for the poor in Benue State. Consequent to the above, the following in line with the terms of reference could be considered as objectives of the research.: In line with the theme of the research, the first objective is to trace the major causes of communal conflicts in Benue State. The second is to establish members’ inalienable rights over the land both under customary and statutory law, particularly the land use Act. Particular emphases will be laid on the rights of women, orphans and widows considered as the poor under the terms of reference. Furthermore, the research is also aimed at tracing the different local patterns and practices for obtaining and securing land rights. In addition, the conflicting requirements among local practices that complicate the resolution of competing claims to land will be established. Here, the major evaluation will be a comparison of both the informal and formal forums employed in resolving such competing land claims. Finally, the researchers will wish to proffer recommendations for conflicts management and resolution as well as make suggestions that will enhance the rights of the poor particularly widows, orphans and other less privilege groups in securing land for their respective use and enjoyment in Benue State.

1.4. Profile of Crises and Land Disputes in Benue State. Benue State is a crises ridden area because of the great potentials of the land to the people like farming and building. In the past 20 years, the below land disputes have been witnessed and recorded: Inter-State Boundaries/Crises 1. Benue – Ebonyi State 2. Benue – Enugu State 3. Benue – Taraba State 4. Benue – Kogi State 5. Benue – Cross River State 6. Benue – Nasarawa State. Inter Local Government Land Disputes 1. Tarka – Guma Local Government 2. Kwande – Usongo Local Government 3. Buruku – Katsina Ala Local Government 4. Gboko – Ushongo 5. Ushongo – Konshisha 6. Ushongo – Vandeikay. 7. Konshisha – Gwer Local Government

8. Konshisha – Oju Local Government 9. Gwer – Otukpo Local Government 10. Gwer – Obi Local Government 11. Otukpo – Obi Local Government 12. Gwer – West Otukpo Local Government 13. Gwer – West Apa Local Government 14. Logo – Ukum Local Government 15. Otukpo – Ohimini Local Government 16. Okpokwu – Ogbadibo Local Government 17. Makurdi – Gwer Local Government 18. Gwer West – Makurdi Local Government 19. Gboko – Gwer Local Government7

1.5. METHODOLOGY

1.5.1 Design The study adopted a multi-stage sampling process. It did not intend to manipulate any independent variables but to obtain a base line information on land rights in the focal local government areas of the state where land crises are most rife. The Benue State culture and socio-economic living environment constitute the major variables of study vis-à-vis land rights and access to justice of the most vulnerable segment of the population. The local governments were selected to represent the ethnic and cultural matrix of the state.

1.5.2 Sample Size In any sample survey, a decision has to be taken on the sample size to be used in the study. The implication of such a decision is obvious as research costs money. If a sample size is too large, then time, talent and resources are wasted. On the other hand, if the number of observations included in the sample are too small, the information will be inadequate as such time and efforts expended would be wasted. This study kept to a probability of 0.5 or 5% level of error margin and a confidence interval of 95% having a Z core of 1.96. For Z = 1.96, P = 0.5 e = 0.05 H or sample size = 384.16. N = Z2 [P (1-P] d2 where z = Z – score estimate a population with the study characteristics (50%) d = desired precision of significant level or e = error margin N = required sample size N = (1.96)2 . (0.5) (0.5) (0.05)2

= 384.16 Although 384 respondents would have been statistically adequate for analysis in this study, we went ahead beyond that minimum to sample 395 respondents.

7 The above statistics are gotten from the Benue State Ministry of Internal Affairs and Boundaries.

1.5.3. Sampling Procedure Five local government areas were selected to cut across ethnic and cultural divide of the state. In each local government, at least three district levels were covered by the interviewers. A district constitute a cluster from which about 25 – 30 respondents of various categories were randomly sampled using simple random sampling technique. The respondents here now constituted family heads, principal and non-principal members, women, widows, orphans and youths.. The field assistants were five in number and all of them were graduates from the University. Each of them took care of a local government and they did a good job. The sampling was not based on the proportion of the local government population but rather on equality of local governments. In each of the local government, 79 respondents were interviewed. On the whole, a total number of 395 questionnaires were taken to the field and were returned but five of them were rejected leaving 390 which were useful for analysis. Percentage Distribution of respondents by local governments Local government Frequency Percentage Ado 77 19.7 Gboko 79 20.3 Gwer 78 20.0 Katsina Ala 77 19.7 Oju 79 20.3

1.5.4. Instruments of Data Collection Various instruments of data collection were employed in the course of the study. They included the use of questionnaire that was administered on 395 respondents by the interviewers. Key informants were also interviewed using semi structure interview guide such as land administrators, legal officers both retired and serving. Lastly a focus group discussion guide was employed to 9 different groups comprising male elders, females/widows and youths in various communities and local governments under study. This included Katsina-Ala for Tiv ethnic group, Utonko in Ado LGA for Idoma ethnic group and Ichakobe Ibila in Oju local government area for Igede ethnic group. Key informants were interviewed also at Makurdi the state capital and Otukpo which were not initially selected in order to get wider coverage.

CHAPTER TWO LITERATURE REVIEW

So far, the only available literature on land rights in Nigeria, Benue State inclusive, remains customary law, case law and legal texts. Under customary law, a member of a community or family is said to possess three inalienable rights – the right to use and enjoyment, the right to participate in the management of the land and the right to share in any income derived thereof. The courts in Nigeria on their own part have adopted and accepted the above rights in the cases of AJIBOLA V. AJIBOLA,8. LEWIS V. BANKILE 9, and ARCHIBONG V. ARCHIBONG10 respectively. These cases however, are only a few of the numerous cases that guarantee and recognize the same rights which customary law recognizes. Thus, even in the recent case of ABIOYE V. YAKUBU11, the Nigerian supreme court held that, even the intention of the land use Act, 1978 12 inter alia, includes to asserts and preserve the rights of all Nigerians to use and enjoy land in Nigeria and the natural fruits thereof to sustain themselves, their families should be assured, protected and preserved. But in Benue State, it is unfortunate that these land rights of use an enjoyment and the protection of the natural fruits for the sustenance of the people have not been guaranteed or assured, protected and preserved due to frequent and bloody communal crises. Thus, the need for this research in a bid to address the issues raised under the terms of reference if justice, peace, fairness and equity must reign in Benue State, in the control and administration of land rights and conflicts management. On the other hand, legal text writers particularly on land law, have equally affirmed the position of customary law, that an individual within a community or family possesses three inalienable rights. They have however opined that members achieve these rights by being members of such communities or by alienation under statute, or under customary law where they are strangers. In terms of communal crises, so much literature which should have been made available to Nigerians and used as guide in this research is still being held by judicial commissions of inquiry both at State and Federal levels, for political reasons best known only to them. A quick publication and implementation of some of the reports and recommendations respectively, would have served as a check to future crises. Thus, even the long concluded awaited report of the Federal Government Judicial Commission of Inquiry into the recent Tiv- Taraba Crisis and Tiv – Nassarawa Crisis would have been published to calm down tempers. However, despite these shortcomings, credits should go to Onigu Otite and Isaac Olawale Albert for their comprehensive research on “community conflicts in Nigeria: Management, Resolution and Transformation”. In their research, an attempt has been made at addressing all the major communal crises that have befallen Nigeria since independence including the Tiv-Jukun conflicts in Wukari local government Area, Taraba State in 1990. It is gratifying to note that this research unveiled most of the general causes of communal disputes in Benue today and this has assisted the researchers on Benue Land Rights to formulate the questionnaire in line with the terms of reference. In

8 (1947) 18 N.L.R. 125 9 (1909) 1 N.L.R. 81 10 (1947) 18 N.N.R. 11 (2000) 1 N.L.R.C. at 119

12 Now CAP 202, Law of the Federation of Nigeria 1990

fact, it was a job well done and DFID should be recommended for sponsoring the research between 1994 –1999. In addition, the researchers found useful two white papers on communal disputes in Benue State even though a dozen of such papers are yet to be concluded and published, while a dozen others could not be released or made available to the researchers as some officials addressed them as security reports. The two useful reports were those of “The Judicial Commission of Inquiry into the communal crisis between Mbagwaza and Utange Districts in Ushongo Local Government Area” in 1998 and “The Report of the Judicial Commission of Inquiry into the dispute between the communities in Obudu and Ogoja Local Government Areas of Cross River State and the communities in Vandeikya Local Government Area of Benue State”, set up by the then Federal military Government in 1989. In Fact, the Judicial Commissions of Inquiry of the said disputes did a very good job especially the commission of inquiry into the crisis between Mbagwaza and Utange District in Usongo Local Government Area of Benue State. the report identified the remote and immediate causes of the crisis and these causes have been linked to be responsible for more than 90% of the communal crises so far experienced in Benue State. The report also made far reaching recommendations most of which Benue State Government accepted for implementation and as such could serve as a guide to future reports. In sum, Benue State still remain outstanding as it seems to have recorded the highest number of communal conflicts in the country and not only within neighbouring states but between communities within the state and this has resulted to exceptionally high death toll and destruction of property and the carnage associated with these conflicts is often unprecedented in the history of communal conflicts in Nigeria. Best, Idyorough and Shehu13 have graphically presented the barbarity of some of the conflicts thus: The Tiv-Jukun conflicts were characterized by barbarity and atrocities of unimaginable proportions. The methods by which the two sides killed each other were at best heartless. Roadblocks were mounted by each side, and “the enemy” was identified and slaughtered or shot in the nearby bush. Often, victims were set ablaze. Beheading was a common method of killing. There were also reports of pregnant women who had their wombs cut open with knives, and the babies were removed and put on their dead others’ breasts. Residential houses, business premises, schools and other public places were set ablaze and puled down by the warriors. Looting of property and foodstuff by opportunists was a mark of the conflict (Best, Idyorogh and Shelu, 2001. 86).

The end result is that so many people have often been left homeless, thereby restricting their rights to own and manage land. The prevalence of customary law practices have also denied a vast majority from owning and controlling land, particularly women, widows, orphans and other less privilege groups considered as the poor under the terms of reference of this research. Hence, the need to undertake the research.

13 See Otite and Albert (2001) “Community Conflicts in Nigeria: Management Resolutons and Transformation. Ibadan; Spectrum Book Ltd. At pp 86

CHAPTER THREE Perceptions of the Research Participants. The research participants here were target groups involving community leaders, the poor (women, youths and the less privileged like non principal members), judicial officers and practicing lawyers. Their views are gathered from FGDs, interviews and analysis of the questionnaire.

3.1. The Poor This is the most vulnerable group comprised of the women, widows, the youths ranging between 30 – 35 years, and non principal members of the community. The concept of the “poor” in relation to land rights was inquired into by the researchers in all the FGDs and the interviews. The FGDs could not arrive at an acceptable definitions of who is a poor person. “Poor” was however conceived by the discussants more from the materialistic view based on the socio- economic strata of the individual in question, as the person who is hungry, unable to feed himself and the family, and person who cannot guarantee his steady means of livelihood is a poor person. The poor are persons whose land rights are deprived. Those with little means of livelihood. As maintained by a middle age man in a FDG between 50 – 55 years, “look at me, by seeing me you will just know that I am poor, I have no money, little farmland and no money to buy fertilizer”. The first group here, being the women, first of all acknowledged the leadership position of the men in the control and management of land rights. They then proceeded to state that aside from the leadership position which should be exclusively reserved for men, they were unequally treated as their rights of use and enjoyment of the land were curtailed by customary believes. The widows lamented that they were the worse off in this discriminatory exercise as they were not granted access to land and cannot even inherit nor manage their late husbands’ landed properties. Under the Idoma tradition for instance, widows and married women generally are not members of their husband families and are always taken back and buried in their fathers’ compounds when they die. It is this custom of treating them as strangers that forbids them from controlling and owning land, maintained a woman of about 60 years in Ado, in a FGD. In the Igede land in Oju LGA still within the Idoma speaking area, the women decried the discriminatory attitude of the men by maintaining that widows that bore no male offspring could be sent packing in some cases. Under the Tiv customary law, the women maintained, they are treated as “inheritable properties” and therefore can not be allowed to inherit the land of their deceased husbands. “Most of us widows are prevented form re-marrying and therefore go without assistance and helplessly stay in our late husbands’ houses out of desperation” maintained a widow. The women generally acknowledged some limited rights of farming on the land only where there are offspring but the quantity of land is often too small as the land in some cases is reduced as soon as the husband dies. Still, this limited right was not enough, decried the women. The women equally contend that, they are always excluded by the men in the settlement of land disputes and expressed that most often they have good points to contribute but are never given the opportunity to do so. The women in all the discussions unanimously expressed their desire to be involved in the disputes settlement process as they too consider themselves as stakeholders in the land. This plea was made to the men, particularly the elders and equally argued that in every crisis they suffer most and are at the receiving end and thus should equally partake in decision making and conflicts settlement in a bid to elevate their status.

The next vulnerable group is the youths. The youths here were people between the ages of 20 – 35 years. The youths particularly in the FGDs maintained that the rights of use and enjoyment were not uniformly extended to them by the elders. They maintained that the land allocated to them is often too small and the quantity is determined by whether “you are married or not”. Since the family size is a factor that determines the size of land, they most often receive small pieces of land and eventually when the size of the family expands, problems will then arise in the quest to acquire more land. The youths just like the women, equally lamented that, they were left out by the elder in the settlement process of land disputes. They however, expressed their desire and agitated for their role in the settlement process pointing out that, as leaders of tomorrow, they are bound and suppose to know what is happening on the grounds of continuity. The youths however, urged both the Federal and State Governments to improve their living standards through the provision of jobs and social amenities like good roads, electricity and health facilities. They promised that the provision of jobs and social amenities will discouraged them from fighting, as they are most often forced by poverty to fight, just to get small amounts of money from elders and politicians.

3.2. Traditional Institutions The major target audience was constituted by chiefs and elders in FGDs and interviews. They generally agreed that the land under their control was acquired through conquest and early settlement by their ancestors as virgin land. Other members of the community or family now acquire it from them through allocation. A good example of conquest occurred in Ado LGA, particularly in Ufia Utonkon where the elders asserted that the piece of land which the entire community settles on was acquired by conquest and this explains the persistent land crises between Ufia and Akpa the losing community. The question whether there was uniformity in the distribution of land among all the people was answered in the negative, even though they asserted that land is an inalienable gift of God to man and all human beings having been equally created are entitled as of right to use it. They maintained that there was no uniformity in the distribution and allocation pattern. The land that is given to a family or an individual is determined by the size of the person’s family. In the Tiv speaking areas, it was asserted that land is basically controlled by the community leader, that is, the chief and the various family heads who administer it in collaboration with other principal members of the community and families respectively. But the Igede culture in Oju LGA poses a different set up in the control of land rights. Chief Obarike Okpani, the Adam Ede of Ibilla, clan head of Ibilla and the elders in a FGD maintained that land is generally controlled and managed centrally by land committees, family heads and the principal members of the society. There exist no place for individual control as all male adults have a say on land issues. This is a different set up entirely from what is obtainable in Tiv land where the right to deliberate on land matters has not been extended to all male adults. Then came the vexed issue of youths and women not granted the right to participate in the management of the land. The elders acknowledged this fact and maintained that the management of the land is an exclusive affair of the elders as demanded by tradition. An elder bluntly put the situation in the following words, “The dispute settlement mechanism system is a strict elders forum and the youths and women are excluded from such foray”. When asked why, the elders maintained that they were excluded because of their

volatile nature. “We leave out the youths and women because they are sometimes uncontrollable and are quick tempered”, maintained a Chief in a FGD. The elders equally maintained that tradition forbids the women from owning land and they cannot inherit same because they are themselves inheritable properties. Within the Idoma area, the woman is a stranger to her husband’s family and should only produce children for the husband and should be taken back to her father’s compound for burial once she dies. This position is however strange in the Tiv land. When asked why widows were not allowed to manage and inherit their late husbands’ landed property, the elders maintained that some limited rights of management could be granted in some special cases to a woman who has male children and they are still minors to manage such landed properties on behalf of the children under the strict surveillance of the deceased brothers. It was noted that in most cases, the deceased brothers take everything without caring for the future of the women and the children. The elders maintained that their rejection of a widow’s right to inherit the late husband’s landed property emanates from the fear that she can sell the property to an outsider and equally that since tradition forbids her, even in her own capacity, she should not be extended to manage nor inherit the late husband’s estate. The traditional institution admitted that the entire land under their control is basically used for agricultural purposes. In the words of a chief “majority and indeed the entire community are agrarian farmers and earn their living from farm activities notably farming of yams and cassava”. On the issue of land disputes, the elders maintained that they were very rampant and common place between one community and another, but that family to family disputes were fewer. They equally enumerated the various communal crises which they have experienced in recent times. Some of the crises reported are, the Ikyurav Tyiev crisis with the Shitile districts in Katsina-Ala LGA; the recent communal crises between Tiv people in Taraba State and the Jukuns that extended right to Katsina-ala LGA; the Ufia disputes with Akpa people of Otukpo LGA; the Agila disputes with the Ngbo people of Ebonyi State; the Igumale and Agila all of Ado LGA; the Igede and Tiv Crises around Konshisha in Oju LGA. (the list is however not exhaustive) The elders then blamed the state government for largely responsible for the re- current land disputes in Benue State that have led to the displacement of so many people from their original settlements and are now refugees without any land to farm on, thereby making them permanently poor since they have no crops to sell as even the crops and farm lands are destroyed during the disturbances. This, they maintained by saying that the manner in which government has handled past communal disputes is not encouraging. For, government has hardly made public the reports of judicial commission of inquiry nor converted the reports to action. Culprits equally are never identified and apprehended to serve as a deterrent to others. In addition to this vexed issues, the community leaders equally identified the following factors as responsible for the re- current communal disputes in the state;

(i) Lack of visible land demarcations (ii) Persistent encroachment or trespass to land of others in the absence of clear cut demarcations; (iii) Unprecedented increase in family sizes (iv) Inadequacy of punitive measures to land trespassers by courts (v) Denial of widows’ rights of ownership (vi) The role of the elite in the society in instigating; aiding and abetting communal crises through procurement of arms and ammunitions; (vii) The high unemployment rate of the youths;

(viii) The quest of the elite to own land exclusively; (ix) Absence of documentation on customary transactions through gifts, sales etc. (x) Arbitrary naming of locations where government sites institutions. After affirming that the role of government in handling past communal disputes was dissatisfactory, government was then advised to improve through the following suggestions: (i) Release and implementation of various white papers. (ii) Enhance the role of security personnel i.e. state security services, intelligence reports and prompt attention to police distress calls. Government can do this through the establishment of police posts in all districts; enhance their performance by the provisions of logistics and communication aided devices to ease movement and monitoring. (iii) The role of elite in the society, particularly those in authority, erring chiefs, in influencing, screening of culprits, procurement of arms and ammunitions should be checked and dealt with by government. In addition to the advise to Government, the elders suggested other ways by which communal crises could be settled amicably to the satisfaction of all parties involved: (i) Both State and Local Governments should in deserving situations declare conflict areas as “Buffer Zones”. (ii) The courts, i.e. Area courts be divested with power of determining claims on land rights. (iii) The old traditional methods of land rights settlement through customary arbitration be restored. (iv) Police station should be sited in every community to avert and nip crises from the bud. (v) The powers of the traditional rulers be enhanced by authorizing them to mete out punishment through the traditional means on defaulters. (vi) Government should constantly and periodically review the compensation paid for all lands acquired by her. (vii) Government should erect permanent demarcations on disputed lands as opposed to natural or imaginary boundaries. (viii) The peace keeping troops like the Nigerian police should always be drafted to the disputed areas in time to prevent the magnitude of the crises. In conclusion, the elders maintained that the above discussed factors have actually interfered with the rights of the poor in the acquisition of land as well as hinder their economic out put thereby subjecting them to abject poverty, grief and agony.

3.3. Judicial Officers Here personal interviews were conducted with selected judges of the Area Courts and Customary Court of Appeal. The equivalence of these courts in the South is the Customary Courts which in fact, do not adjudicate on criminal matters. Their jurisdiction is limited only to civil matters bordering on custom which includes land matters. The first question whether land disputes were rampant in Benue State was answered in the affirmative, for instance, a justice of the Customary Court of Appeal adduced that, “since it inception the Customary Court of Appeal has disposed of over 3000 cases and half of these cases alone are from zone “A” comprising only of Kwande, Ushongo, Katsina-Ala, Ukum, Logo and Vandeikya LGAs and Zone “A” is just a part of the Tiv speaking Area”. A sole judge of an Upper Area Court also maintained that within his 4 years as sole judge of that court, he has received over 100 writs relating to land rights and had inherited over 300 pending cases. The reasons adduced for the frequent

communal crises were that, both the Tiv and the Idoma people are predominantly farmers and depend largely on agriculture for their sustenance and livelihood. Asked whether the people like coming to court, the judges answered in the affirmative. This can be seen from the above statistics from two courts only. A justice of the Customary Court of Appeal equally maintained that in addition to the Court system of disputes settlement, there were two other methods to wit; Customary Arbitration and combating (fighting) methods. He said while the last method is not officially recognized, the other two are recognized by the law. While responding to the question that there have been so many accusations levied against the courts for undue delay of judgements, two divergent views emerged. First, the justices of the Customary Court of Appeal did not agree with this view. They maintained that there are no pending cases before the court. The cases are disposed of within a brief period. The Customary Court of Appeal disposes of cases at its headquarters and quarterly moves the court sitting to the LGAs to deliver justice to the door steps of litigants. Cases are thus speedily disposed of. This court was established in 1996 and since then, more than 3000 cases have been disposed of and more than 650 motions disposed of as well. Their lordships continued that the court hardly adjourn judgements. They however, concluded that, cases and judgements have only be adjourned in very few occasions due to the acts of the parties and their counsels, else, there are no pending cases before the court. On the other hand, judicial officers of the Area Courts objectively speaking, alluded to the fact that there was delay in some cases in delivering judgments by the courts. They however blamed the delay to the following factors:

(i) Changes in Cram Frequent change in cram, occasioned by transfer, death, retirement or appointment of judges/members sometimes cause the delay. When new judges/members come, such pending cases of necessity commence denovo. (ii) Unpreparedness of some Counsels Most lawyers are unprepared and, unwilling to prosecute cases and defend same with vigour. Counsels tend to seek more of adjournments than proceed with the cases. This delays judgments. (iii) Impecuniousity of Parties: Most at times, the parties do not have funds to settle the bills and claims of their lawyers who in most cases stall proceedings. Since such demands are legitimate professional demands, the courts cannot query them. (iv) Tiredness of some Judges Some judges are often too tired and delay judgements because of long hand recording. Most instances in land cases, witnesses give a long analogy and testimony of their accounts. Modern equipment like stenographic machines need to be provided for fast recording and this will ease the undue delay of judgments. As to the causes of land crises in Benue, the judicial officers maintained that they are multifarious factors responsible for these crises, whether communal, family or individual. The following factors were then established to be responsible for the crises: (i) Greed. Greed occasioning from the desire to acquire property exclusively leads to tension, conflict and crisis. Land is not equally divided, the Tiv people are principally agrarian farmers. In their bid for farming, they go on sojourn where they can find greener pastures and on their return, the greedy brothers of his have appropriated every available land to themselves. Disagreements ensure and crises are bound. (ii) The role of the elite

They play a negative and ungodly attitude in promoting crises in Benue State. For instance, most of the crises are fueled, aided and abated by the rich, elite and the enlightened. (iii) Uncertainty of boundaries Practically, boundaries are marked in every aspect. Traditionally, boundaries are demarcated with the use of trees like oranges, marina trees etc. at times, through foot- paths. But mischievous elements in an attempt to maneuver the boundary adjusted often fuels tension which brings crises.

(iv) Economic development Economic development and the zeal to acquire money through the use of land (nature gift) fuels crisis. The knowledge that land can be personalized has had an adverse effect on the people and has weakened the sense of communal ownership. This brings tension and tension results into crises. Previously, land was only either communally or family owned. They concepts of individual ownership, the acquisition of certificates of ccupancy (C of O) over land for basic economic benefit to the individual as opposed to the community or family, has partly been responsible for the frequent land disputes in Benue. (v) Change of attitude Previously, land could be hired, leased or given to an individual to farm on condition that it will be returned at the expiration of the agreement. With the passing of time, attitudes changed. Individuals now attempt to acquire C of O over the said land. This fuels tension and causes crises as the apparent owner flags his C of O and the real owner defends his customary holding. (vi) Tempering with original land tenure system Previously, the Chiefs were the trustees of all communal land. The chiefs in council will grant land upon request either to individuals, government or other people for developmental purposes. But with the introduction of the land Use Act, land is now vested in the government. Interests are created and conferred on individuals not by the traditional authorities and this has created problems in many instances. Commenting generally on their experience with respect to registration of titles in Benue, a judicial officer maintained as follows: Registration of titles is desirable and good. In most instances it is the best way of proving title to land. This system is prevalent in the southern part of Nigeria. With this method records are kept clean and relied upon but in Benue State, there is no such awareness generally because of paucity of education and also because the society generally is poor. Majority of the people in the rural areas are uneducated and the system may look unattractive. Rudimentary education for all is necessary as the basis of understanding. While the system works at the literate level, it is untenable in the rural set up where recourse is often had to oral accounts which tend to promote conflict claims and counter- claims and if not carefully handled may explode to a full scale communal crisis.

In conclusion, the judicial officers described the land situation in Benue State as deplorable and retrogressive in nature as anarchy has always been the end result in every situation. As a way forward, they made the following recommendations: 1. That, the informal method of arbitration be rekindled. The entire traditional methods be re-oriented to enable the traditional rulers know the basic rudiments of fair hearing. Certain concepts like fair hearing have become universal and they should know. 2. The law should apportion specific roles to the traditional rulers, backed with monetary grants, enhance their status and they will perform better.

3. The LGA as the nearest organ of government closer to the people be re- organised. There should be a chieftiancy division in the local government. Both the clan head, district head role be pacified. The kindred heads as the state of affairs now stand are toothless bull dogs in land matters. 4. That family lands be demarcated and documented by the kindred heads. By so doing, any shift or encroachment of more than 500 metres into an adjourning kindred should only be approved, documented by the two kindred heads involved, to be followed by local government documentation.

3.4. Views of practicing lawyers. Five reputable lawyers were interviewed and they all admitted that they are involved in the business of formal land transactions like drafting of agreements, for all form of alienation for both the sellers and buyers of land. Commenting on their experience in the performance of the above in terms of titles to land by sellers, the practitioners maintained that, a majority of the sellers in the state particularly in the LGAs parade traditional titles without formal title deeds. Even some of the sellers who have formal title deeds do not have them in their names by not formally changing the names of the title holders after the alienation. In addition, a majority of the titles they have come across are not registered or backed up with C of O. On the issue of competing claims they alluded that they were quite rampant especially where the seller relies on traditional titles without a C of O. This happens mostly in urban centres like Makurdi, Gboko, Otukpo, Katinsa-Ala etc. Even in some cases, where the sellers parade local government C of O, the issue of competing claims sometimes raises its ugly head because of lack of adequate delineation and documentation/registration of title documents at the Local Government level. On whether the people of Benue State are aware of registration facilities, the practitioners acknowledged that they are aware but do not take advantage of the facilities either due to carelessness, impatience with the protracted procedures or lack of financial support. The lawyers equally maintained that in the course of handling land cases, some problems are however encountered amongst which are; non existence of definite boundaries in some cases, lengthy and sometimes incoherent traditional titles, complicity and duplication of title documents by the relevant land officers, speculations by commercial hawkers, lack of adequate registrations of title documents etc. On the question of undue delay in delivering judgements by the judges over land cases, four of the practitioners attributed the delay to the courts, that is, the judges. While one of them vehemently disagreed and reported the delay thus: The accusation of delay in delivering judgements by the judges to my mind is not quite correct. Delays are caused mainly by the parties to the case and sometimes by their counsels either through frequent application for adjournments or raising of preliminary objections. It could also be caused by interlocutory appeals due to the importance of land to the existence/survival of man.

Talking generally on the land crises situation in Benue, the lawyers maintained that communal crises are very rampant. They continued that, this was particularly in the rural areas where the issue of registration of titles is almost non-existent. Individuals, families and communities sometimes attempt to expand their lands while on the other hand, individuals, families and communities must always protect their lands. By so doing, they sometimes engage one another in battles or wars. Finally, the lawyers attempted to establish some of the factors that are responsible for communal disputes in Benue amongst which are: (a) Economic values of land.

The economic values of land is now known and people want to acquire more land than what they have in a bid to enhance their economic status. This leads to battles most at times. (b) Inadequacy of land due to population growth or urbanization Due to the increase in population of villages/cities and urbanization most vacant lands are taken over by citizens or government overriding public interest. At times the owners of the vacant lands resists such takeovers, which leads to crises. (c) Land Speculations Majority of land disputes are caused by land speculators who specialise in dealing on lands for commercial purposes. They normally try to forge title documents to deceive innocent buyers. When the innocent buyers go to the land, the true owners resist their entry and this fuels crises. (d) Poverty and negligence Most of the occupiers are too poor and sometimes negligent in documenting and registering their titles which are mainly traditional. This has made very difficult the burden of proof. (e) Abuse of hospitality and backstabbing.

In Benue, particularly in Tiv land, the people in the olden days gave free land to their friends from different areas and communities to settle and farm on it. With time or after the lapse of time, most of these tenants have refused to leave and some have even extended their parcels beyond what was given to them. Some have also forged receipts and other documents to show that the transactions were outright sales. The losing communities are now desperate as these gifts were not even documented. The fighting is now persistent in order to send the “strangers” packing.

In a conclusion manner, the practitioners urged the government to urgently release reports of commissions of inquiry which are sometimes tented through delays. Government was equally advised to create more jobs to reduce the over dependence on land particularly in the rural areas where most of the idle youths are found. NGOs should equally assist government through the provision of some basic social amenities like good water supply, health facilities like clinics, health centres and drugs, maintenance of roads and building of bridges to facilitate the transportation of farmers’ produce from the farms to their homes and from the homes to the markets within urban centres.

CHAPTER FOUR 4.0 Data Analysis The data collected from the field were sorted, coded and entered into computers for analysis. The statistical package for social sciences (SPSS) programme was used for analysis of questionnaire while Key informant interview and focus group discussions were content analysed.

4.1 Socio-demographic characteristics of respondents Various characteristics of the respondents ranging from age, sex, religion, educational qualification etc are examined in this section.

Age Respondents age is an important demographic variable. The age distribution is fairly done to reflect both the youth and the adults. Those 20 – 29 years old are 11.5%, 30 – 39 years old 27.9%, 40 – 49 years old 27.4% while 50 – 59 and those over 60 years are 15.9% and 16.7% respectively.

Percentage Distribution of Respondents by Age Age Frequency percentage Less than 20 years 2 5 20 – 29 45 11.5 30 – 39 109 27.9 40 – 49 107 27.4 50 – 59 62 15.9 60 and above 65 16.7 Total 390 100

Educational Attainment Education is a portent weapon for social and economic emancipation and development of a nation. There is no doubt that a population with a high proportion of illiteracy is poorly equipped to cope with the challenges of modern times. In Nigeria, the literacy level varies between the gender and also the states. We have about 60% for males and 43% for females, from the study area, it could be noted that the level of education is high in Benue State as 36.4% of the respondents attained tertiary education, 28.5% attained post primary education and 19.7% obtaining primary school level. only 15.4% of the respondents have never been to school.

Percentage Distribution of Respondents by Education Level of education Frequency Percentage Never been to school 60 15.4 Primary 77 19.7 Post primary 111 28.5 Tertiary 142 36.4 Total 390 100

Religion Religion exerts enormous influence in peoples’ cosmology, marital status, health care utilisation and economic activities. From the research findings, about 86.4% of the respondents are Christians, 1.3% Islam and 11.5% are traditionalists while 8% claimed not to belong to any of the religions. The data is presented in table below.

Percentage Distribution of Respondents by Religion Religion Frequency Percentage Islam 5 1.3 Christianity 337 86.4 Traditionalist 46 11.8 None of the above / other 2 .5 Total 390 100

Marital Status In Benue State, marriage is very early in life and universal. This is due to the agrarian nature of the society where more hands are needed in the farms. From the data collected, 16.3% were single, 70.5% married, 3.3% were separated while 10.0% are widowed. Percentage Distribution of Respondents By Marital Status Marital Status Frequency Percentage Single 63 16.2 Married 275 70.5 Separated / divorced 13 3.3 Widowed 39 10 Total 390 100

Occupation About 42% of the respondents are into farming as their occupation and it shows that majority of the people are farmers. Even other occupations enumerated below are also engaged in part time farming. This shows the indispensable nature of land, thus constant land disputes are bound to arise. About 32% are civil servant while 8.2% are into petty trading.

Percentage Distribution of Respondents by Occupation Occupation Frequency Percentage Farming 164 42.1 Petty trading 32 8.2 Artisan 13 3.3 Unemployed 20 5.1 Civil servant 123 31.5 Businessman/woman 25 6.4 Retired 13 3.3 Total 390 100

Income Income is an important determinant in the acquisition of land and also access to justice. Over 80% of the respondents earned below N20,000 per month. It depicts a high poverty profile for the State. The detail distribution of income is presented in the table below.

Percentage Distribution of Respondents by Income Income Frequency Percent N500 and Less 23 5.9 N501 – N10000 145 37.2 N10001 – N15000 94 24.1 N15001 –N20000 71 18.2 N20001 – N30000 41 10.5 N30001 – N50000 12 3.1 N50001 and above 4 1.0

Ethnic Group About 58.2% of the respondents are Tiv, while Idoma has 18.5% and Igede 21.0% while other ethnic groups constitute 2.3%.

Percentage Distribution of Respondents by Ethnic Group Ethnic Group Frequency Percentage Tiv 227 58.2 Idoma 72 18.5 Igede 82 21.0 Others 9 2.3 Total 390 100

Sex The male respondents to the questionnaire are 76.7% while the females are 23.3%.

Type of Accommodation In rural areas of Benue State a majority of the people are not willing to construct magnificent buildings for fear of destruction during communal crises which are rampant. From the study however, 45.1% are living in zinc houses, while 25.1% stay in thatched or mud houses. Only 6.4% are living in flats, with 4.4% in owner occupier houses.

Percentage Distribution of Respondents by type of Accommodation Type of accommodation Frequency Percentages Thatched or mud house 98 25.1 Zinc house 176 45.1 Self contained house 35 9.0 Flat 25 6.4 Rented house 39 10 Owner occupier house 17 4.4 Total 390 100

4.2. Description of Current Laws, Administrative polices and Local Practices Relating to Acquisition, Documentation and Registration of Land Rights in Benue State. A high proportion i.e. 74.6% of the respondents are aware of land registration formalities, while even a higher proportion 81.1% know of statutory and customary rights of occupancy. But surprisingly, the proportion that has actually registered or documented their deeds to land is only 31.7%.. Among the three major ethnic groups in the State –

Tiv, Idoma and Igede, land is communally owned. Most of the crises between families over land are also created by elite who try to appropriate more land to themselves by bringing surveyors from state and local government land offices to survey other families land for themselves. Thus according to a reporter:14 The knowledge that land can be personalised has had adverse effects on the people and has weakened the sense of communal ownership. This brings tension and tension results into crisis. Previously land was only either communally or family owned. The concept of individual ownership, the acquisition of certificates of ownership (C of O) over land for basic economic benefit to the individual as opposed to the community or family.

In Igede land for example leaving a portion of land to fallow over three consecutive years without any development activities, can lead to forfeiture of that land. This is the law and is commonly applicable only when the poor are involved. But this customary practice has been abused where the rich are involved as they stick to parcels of land left to fallow for many years without any development projects on such lands15, due to their financial influence. Among the Tiv and Idoma land is vested in the chief and kindred heads while in the Igede land, there is usually a committee in every community consisting of representative of the people, which overseas the general administration of the land. Despite the high awareness on land registration, a majority of the rural populace have not bothered to register their title deeds and as such these titles remain customary and are often difficult to prove and sometimes counter claimed by others. This fuels the crisis over land ownership.

4.3 Identification of Local Practices that are Inimical to women’s enjoyment of land Rights. A fairly good proportion of 45.9% of the respondents affirmed that women/widows can farm the land of their late husbands but cannot inherit same. Reasons adduced were that tradition forbids them, and that they themselves are inheritable property. However, 61.4% opined that a woman who acquires property through her personal income can manage it. However, there are variations in the system and practices concerning women’s rights and access to land in the state among the ethnic groups. In Tiv land, women/widows are unequally treated especially those without male children. Women can only acquire land for building within the community in the name of a male relation or child. The women expressed their desire to be accorded the same sharing rights as their male counterparts but lamented that the Tiv tradition forbids them. Most widows are prevented from remarrying and therefore go without assistance and helplessly stay in their late husband’s houses out of desperation. Among the Idoma, women do have some restrictive rights of use and enjoyment. For instance, an unmarried lady can be allocated a piece of land by the elders for farming or building on condition that it cannot be sold, given out or inherited by her future husband and where she procures children in her father’s house, the children can inherit the said property. On the other hand, widows cannot inherit their late husband’s property but where she had male children who are minors she can administer the landed properties as trustees for the children until they are of age. Reasons that disqualify her from inheriting are that she is not part of the family and is equally an inheritable property.

14 Key informant interview with a judge of the Customary Court of Appeal, Makurdi. 15 Alluded by Chief Obarike Okpani in a focus group discussion in Oju.

That is why her corpse upon death is always taken back and buried with her kith and kin/fathers’ compound. The above local practice is a transcended custom of the people which has been passed down from generation to generation. (maintained by elders in FGD). In Igede society, women do not share in the distribution of land and cannot control land. The widows are discriminated against and could be sent packing where she bore no male offspring. The widow can only exercise control over the late husband’s property for and on behalf of her infant male children.

4.4. Identification of the Problems Relating to the Acquisition, Documentation and Registration of Land Rights for the poor in Benue State. There is a generally poor attitude towards documentation and registration of land rights in Benue State. This is more prevalent among the poor who see the process as tedious and cumbersome and financially demanding. What most of them identified as worrisome are the issues of tax clearance, stamping, registration and cost of surveying. A reporter aptly in one of the key informant interviews put the situation thus:16 While registration of title is desirable and good as an end point, it is unattainable especially for now. There is generally paucity of education and the society generally is poor. Majority of the people in the rural areas are uneducated and the system may look unattractive. Rudimentary education for all is necessary as the basis of understanding. While the system works at the literate level. it is untenable in the rural set up.

There is a general belief among the populace that it is easier to get land from individuals than from the government. Several instances were cited during interviews on how people get document from the government and could not get access to the land, because some other people claim to be already in occupation with traditional titles. In any case, the consensus is that even if land is purchased from individuals or community, it is safer to get a government document. There is also the fear of unwholesome practice of granting of certificate of occupancy to multiple people over the same parcel of land. Unregistered customary claims pose a lot of problems both to purchasers, lawyers and land administration as they are most often counter claimed, thereby leading to disputes between the competing claimants.

4.5. Mechanisms for Resolving Land Disputes in Benue State It has so far been stated above that Benue State is very vulnerable to communal land disputes. The position was confirmed and recapped by a justice of the customary court of Appeal, Makurdi thus:17 Land disputes in Benue State are very rampant. This is particularly in the Tiv speaking Areas probably because they are predominantly farmers and depend on agriculture. There exist land disputes in Idoma and Igede areas as well. The customary court of appeal since its inception has disposed of over 3000 cases and half of these causes are from Zone “A” comprised of Kwande, Ushongo, Katsina Ala, Ukum, Logo and Vandeikya Local Government. Zone “A” is just part of the Tiv speaking areas …

Presently in Benue State, there appear to be three methods by which communal land disputes can be resolved. These are; the formal method or court settlement, the

16 Key informant interview which a justice of the Customary Court of Appeal, Makurdi 17 In one of the interview with Key judicial informants

informal method also known as customary arbitration and combating or fighting as the last method. According to a judge:18 …yes people come to court for settlement. Basically there are three methods of settlement of land disputes and the court is just one of them. The other methods are customary arbitration and combating (fighting) while the last method is not officially recognised, the other two are recognised.

It must be pointed out that the discussants during the focus group discussions acknowledge the settlement of land disputes by combating in some cases but denied the method despite its existence as illegal affirming the views of the judge in the above quotation. By so saying, it is discernible that it is only the court method and the customary arbitration methods that are official since settlement of land crises by combating appears to be remote, even though it remains a cherished method in Benue State over the past 20 years. In all, 69.5% of the respondents prefer the traditional method while 30.5% prefer the court system. The reasons for the preference of the traditional method are hereunder stated:

Respondents reasons for preferring traditional method of dispute Resolution

Reason Frequency Percentage Members feel more at home than at court 129 44.9 The method can be manipulated 34 11.8 It is not a win-win situation 25 8.7 It is not a lose – win situation 13 4.5 All the above 86 30.0

On the other had, the non-preference of the court system was traced to the following reasons: (i) It is time consuming due to prolong and vexations adjournments. (ii) The cost of litigation is high especially where the services of a lawyer are required. (iii) Judges are sometimes bias. (iv) Land issues are sometimes interpreted based on technicalities which are foreign to native law and customs.

Respondents’ reasons for non preference of Court system Reason Frequency Percentage Time consuming 68 24.9 Technicalities of 40 14.7 interpreting land issues Judges are bias 35 12.8 High cost of litigation 22 8.1 All of the above 108 39.6 Total 273 100

In conclusion, the two major mechanisms of resolving land disputes in Benue state have not been fully utilised due to the problems associated with both methods.

18 Statement of a Sole Judge of an Upper Area Court during an interview with him.

4.6. Causes of land disputes in Benue State In the course of the research, the following causes and percentages were established and obtained as reasons for land disputes in Benue State.

(i) Persistent trespass to land: This factor was regarded as a key one and recorded the highest percentage of 94.5% of total respondents. It was equally established in FGDs and key informant interviews that, the persistent trespass is very common in the rural areas, where communal disputes are rampant and titles to land are mostly customary and not documented or registered. Moreso, most of the boundaries are not well demarcated thereby encouraging persistent trespass and the end result has been bloody land disputes leaving untold hardship. (ii) Mismanagement of Land Rights by those in control Principally, under native law and custom, the chiefs and family heads are the principal members that manage the land for their members in trust for them. Normally, any member that requires a portion for farming or building goes to the chief or the family head to that effect. But it was established in FGDs and Key informant interviews that, most at times, these authorities in control mismanage the land as they sometimes refuse to account for their dealings to the satisfaction of other members as well as deny members’ rights of use and enjoyment. It was equally established that some chiefs and family heads sometimes sell, lease or pledge communal and family properties without recourse to other members and this sometimes bring crises over the land. 91.6% of the respondents also agreed that land disputes in Benue are sometimes caused by mismanagement by those in control. (iii) Denial of land rights to returnees from sojourn. A proportion of 91.2% of respondents agreed that this was an important cause of land disputes in Benue. The Tiv man likes to travel out in search of greener pastures in other communities or state, at times with his kith and kin. But unfortunately when he leaves, his brothers or family move into and occupy his land. when he comes back, his land rights are denied and he becomes landless and helpless and thus tries to fight back. The situation was reporter by an upper area court judge during an interview thus: …the Tiv people are principally agrarian farmers. In their bid for farming, they go on sojourn where they can find greener pastures and on their return, their greedy brothers have appropriated every available land to themselves. Disagreements ensure and crises are bound.

(iv) Denial and rejection of peace agreements arrived at by elders during and after land disputes by the youths. 91.2% of the respondents identified and affirmed the above factors as one of the causes responsible for land disputes. The entire fighting in the state is done by the youths while the aged, women and children take refuge in the police stations or in camps and at times with their kith and kin. “The youths, most often are dissatisfied with our decisions, maintained the elders in Katsina-Ala and Ado LGAs during FGDs. And while dissatisfied they launch attacks even before the elders are aware and this brings everyone into the fight”. The youths on heir part acknowledged this factor and maintained that, they sometimes deny these peace agreements because as future leaders and custodians of the land tomorrow, they are often left out and ought to know the decisions taken by the elders. Consequently, they do so as a form of protest because elders do often take certain decisions which equally are not in their interest. The youths then expressed their desire to be part of the discussions in future even though the elders maintained that their exclusion was due to their volatile nature.

(v) Marginal boundaries In fact, 87.8% of respondents agreed that marginal boundaries was an important cause of most land disputes. For instance, it was established amongst other causes in two white papers that, the land dispute between Mbagwaza and Utange Districts in Ushongo LGA in 1997 and the persistent crises of Obudu and Ogoja LGAs of Cross River State and the communities of Vandeikya LGA of Benue State resulted from marginal boundaries. The same is true of the Ikyurav – Tyiev and Shitile crises of 2003 in Katinsa-Ala LGA, maintained the district head of the Ikyurav Tyiev community. The researchers then observed and noted that most boundaries are not demarcated with concrete pillars or beacons but rather through trees, streams and valleys. The risk here is that when these trees fall over the years, the actual boundary becomes very difficult to be identified. The streams on the other hand within the years can change their courses thereby changing the original boundaries as well. The result is that crises are bound over such boundaries that cannot be established with ease. The researchers even gathered from a Key informant interviewee that the boundary between some two communities around Gboko was established through a grave. The truth is that by the time the grave will disappear the boundary shall become marginal and the result will be disputes. (vi) Delay by the Court to dispense with land matters in time. 83.9% of respondents agreed that this was an essential cause of land disputes. It is commonly believed that, “justice delayed is justice denied”. As such the prolonged delay by the courts in delivering judgements in some cases over land disputes has not gone will with the people. The researchers gathered from FGDs that the people most often fight because they expect a quick resolution, identification and prosecution of culprits and as such, any delay for obvious reasons on the part of the court is conceived as connivance by the people, thus the need to fight as a means of self help.

(vii) Ignoring of court judgements over land According to Key interview informants, court judgements are often ignored because in the opinion of the people, the judgements do not reflect their desires and aspirations. The judges according to some interviewees, are often bias as some are always interested in the cases in one way or the other. In the words of an elder in a FGD, “land rights are determined on peculiar land traits, history and lineage and not by scientific perceptions by the courts”. Thus, the people see such judgements as victory to the victors and the need to reject such judgements and challenge the victorious or successful communities becomes eminent. This factors was maintained by 83.3% of the respondents. (viii) Inability of members to prove ownership/titles It was established in the research through FGDs, interviews and the respondents that Benue people were aware of registration facilities but did not take the advantage by registering their titles particularly those in the rural areas where most of the titles are customary. Because of this, there is persistent trespass, unfounded claims and counter- claims by people not connected with the pieces of land under disputes. Even the purported owners sometimes find it difficulty to establish ownership/titles because such customary titles are not registered nor demarcated through iron pillars or concrete beacons. The people therefore continuously depend and rely only on traditional history and hearsay which most often is not consistent, maintained the elders. The results have been constant and long outstanding unsettled land disputes before the courts and elders due to the inability of members to prove their case or establish their ownership rights. A large percentage of 83.3 of the respondents alluded that this factor was amongst others, responsible for most of the crises that have besieged Benue State.

(ix) The role of the elite The elite in Benue State are reported to have played significant roles by fuelling communal crises in the State lamented the elders. Their role as one of the causes of communal crises was affirmed by a respondents’ proportion of 79.3%.. The role is played in several ways; for example, they most often supply ammunitions and other dangerous weapons to the youths, provide the required financial support and “sometimes bring surveyors from the urban centres to survey land in the rural areas which does not belong to them because of their financial influence”, lamented a justice of the Customary Court of Appeal.. Consequent to this, in a bid to protect their land, most communities and families fight back and this has often resulted to full scale skirmishes. (xi) Traditional Practices In the course of the research, it was revealed through FGDs that in Benue there are traditional and unconstitutional practices which are harmful to the women most especially, as these practices prevent them from managing and inheriting land. For instance, in the Idoma speaking area, women are considered as “inheritable properties” and are never seen as members of their husbands’ families. Thus, the role of the women is just to bear or deliver children for the husband and after her demise, her corpse is taken back to the father as she is not part of the husband’s family and should not be buried in the husband’s compound but rather in the father’s compound. Tradition even forbids the husband from attending the burial ceremony. Consequent to this, the women cannot manage or inherit their late husbands’ landed properties after demise even though they have a limited right to live and farm where they have children. But the childless widows is sent packing once the husband dies and does not have any say over her husband’s landed properties. Under the Tiv native law and custom the women are forbidden from inheriting landed property of any nature and are considered as chattels. These practices are today obnoxious and unconstitutional as even in some parts of Nigeria women are heading families and equity demands that the women should manage the husband’s landed properties for the children. So, today in Benue, problems are rising here and there because of the exclusion of women, widows and their children from managing their late husband’s landed properties. (xii) Inability to distinguish between interpersonal land disputes and communal land disputes. This factor in Benue State is in fact a serious one particularly amongst the Tiv people. In Tiv land, there is this general policy of “fight with your brother” and as such, what ought to have been inter-personal land disputes in some given instances degenerate into communal land disputes. For instance, the crisis that ravaged the districts of Mbagwaza and Utange in Ushongo near Gboko in 1997 was reported to be an inter-personal dispute between the family of Tyoor Adugh Bito who did not properly inform his subjects that the land disputes was between his family and some Utange people which could be settled within the law. this falsehood brought the entire district into the misunderstanding, which resulted to a communal crisis between Mbagwaza and Utange, thus this factors is a common cause of communal crisis in Benue. (xiii) The poor state of development of Benue State. During the research, Key informant discussants through FGDs, and interviews decried the poor state of development of Benue State and attributed it as one of the causes of communal land disputes. The youths are highly affected by this factor due to the high unemployment rate resulting from the absence of industries as well as small and medium scale businesses. As maintained by a youth of about 35 years in Katsina- Ala during a FGD, “We are hungry and idle and fight just to receive small amounts of money and other gifts from elite and politicians”. In the words of the district head of

Ikyurav-Tyiev in Katsina-Ala LGA; “See, I have seven wives and plenty children. All of them are here with me. Some have graduated from secondary schools but none of them has a job. If you (the research team) can help me take some to Makurdi and give them jobs, I will be very happy”. The elders categorically maintained that the trend will continue if the economy of Benue State does not improve, so that the youths can be gainfully employed. Therefore, the youths fight once they have the slightest opportunity even where it “entails being hired for a paltry sum of only N200.00 to enable them buy something” decried the youths themselves in Katsina-Ala. (xiv) Increase in family sizes over the years. In Utonkon, in Ado Local Government the discussants maintained that there has been an unprecedented increase in family sizes over the years. This is so, as some family members married more wives and procured more children and the original parcels of land allocated to them became small. Such family members now in search of more land move into other peoples’ land and this has been a major cause of family land disputes in Benue State. The same point was raised and confirmed in Oju and some other Key interview informants. (xv) Inability of the Tiv and Idoma traditional councils to deal decisively with erring chiefs. In Benue for instance, most chiefs have promoted communal disputes and have equally gone scot-free. Both the Tiv and Idoma traditional councils in whose domains these erring chiefs operate have not been able to decisively deal with them by meting out any punishment. This laxity on the part of the traditional councils has tended to encourage the chiefs and their subjects to settle their differences through the “illegal combating”, rather than resorting to the law for help and as such communal crises are bound to rise. (xvi) Laxity on the part of government by not dealing with crises promptly During the focus group discussions, the people traced and blamed government for partly responsible for most of the crises in the State by not responding promptly. First, the people blamed the government for not releasing the decisions and white papers of judicial commissions of inquiry. Government was also blamed for not always releasing the Nigerian “crack police team” in time and that the team arrives at the scene most often when the situation is already out of hand leading most at times to high death toll and massive destruction of property. Other related issues discussed here were delay in demarcating boundaries, delay in issuing statutory and customary rights of occupancy to the applicants and the failure and delay in identify culprits of communal crises for punishment to serve as a deterrent to future trouble makers. Until Government reverses this trend, communal disputes in Benue State will never stop, decried an elder in Katsina-Ala Local Government. In line with the above identified factors responsible for the prevalent communal crises and subsequent denial of land rights in Benue State, the current formal and informal systems of land administration and adjudication are perceived by many to be ineffective. This formal system, for example, presupposes a land tenure system that is certain, well defined and proven by registered title deeds but this is far from it. Moreover, the system is also very slow with the result that land disputes can remain in the courts for decades. This results in financial strain and frustration among the parties which in turn fuels conflicts.

CHAPTER FIVE RECOMMENDATIONS AND CONCLUSION

5.1. RECOMMENDATIONS From the major findings of this research, through the research questionnaire, focus group discussions and answers received from other key informant audiences, the following recommendations are hereby proffered in a bid to enhance the securing of land rights in Benue, as well as improve the mechanisms for resolving land disputes if carefully studied and implemented.

(i) Demarcation of disputed boundaries It has been established in this research that the problem of marginal boundaries is largely responsible for most of the communal crises that have been experienced in the State over the years. This is so due to the absence of permanent and clear cut physical features like iron pillars used in demarcating the boundaries. Thus, most boundaries are speculative. In line with this, it is recommended that a lasting solution to the incessant boarder disputes over all boundaries between LGAs and the various communities be established by permanently demarcating such boundaries with prominent boundary pillars which cannot be removed or moved by dishonest parties. Here, the ministry of lands and survey and local government councils should be enhanced and mandated to liase with the affected communities and their traditional authorities to ensure such demarcations.

(ii) The creation of “buffer zones” During this research, it was established that some of the land disputes have actually been reoccurring because most worrying communities defy government’s calls to stay clear from the disputed land by still carrying out one form of activity or the other which is often viewed by the opponents as acts of provocation. In this light, it was suggested that where such government calls have persistently been ignored, then such lands should be converted to “buffer zones” and placed under the management of government. During the FGDs, the people clamoured and lamented for the siting of institutions like police stations, clinics and schools on such “buffer zones”. The creation of such buffer zones will extinguish the claims of all the parties on such land.

(iii) The restoration of the old traditional method of customary arbitration. Before the establishment of Area courts in Benue State, most communal and interpersonal land disputes were settled through the traditional customary arbitration method by the chiefs and elders. But soon after the establishment of the Area Courts and the Customary Court of Appeal, a bulk of the land matters were and are now referred to and tried by these courts. This had left so many people unhappy because of the problems associated with adjudication by the courts, such as, undue delay in the delivering of judgments, vexations adjournments characterised by the courts, the bias nature of some judges and the cost of instituting actions through the payment of fees and other charges. Moreover, the high charges maintained by legal practitioners has worsen matters. The poor therefore, are not comfortable as their financial positions are so precarious so much so that they can’t pay the required fees and charges, nor secure the services of legal practitioners. For example, a retired Airforce Officer maintained in a focus group discussion as follows:

It is one year now since I retired and my pension has not been paid and nothing is given to me. I am now living in the village and very poor and cannot afford to secure the services of a legal practitioner in case of any dispute over my land because of the high charges. Therefore, we prefer the old traditional system of dispute settlement as against court settlement, because it is cheaper and convenient for us.

In this wise, the people resort to self-help, that is, fighting. It was gathered during FGDs that land rights are determined on peculiar land traits, history and lineage and not by scientific perceptions which the courts often invoked. As such, the old traditional method of customary arbitration should be restored. The chief – in – council mechanism both at the clan, and district levels should be encourage while appeals should be made to the Supreme Traditional Councils headed in Benue State by the Tor Tiv in the Tiv speaking areas and Ochi-Idoma in the Idoma speaking areas. The traditional arbitration method, maintained the people, is cheaper for the poor and reliable sine matters are handled by persons who know the history of the land and the prevalent custom or tradition in question. (iv) Quick dispensation of judgements by the courts over land matters. The research revealed that one of the factors responsible for frequent communal crises in Benue is the undue delay by the courts in delivering with dispatch judgments in land cases. The people lamented that there were so many land cases pending before the courts and judgements are still being awaited to no avail. Consequently, most people are now impatient and disappointed with the formal system of adjudication. Thus, it is suggested that where the disputes are handled by the courts, judgement should be delivered with dispatch to avoid undue delay. Here, a number of issues are involved and must be addressed before this recommendation can be achieved; the rate at which judges are transferred must be minimized. The reason is that whenever a new judge takes over, he needs time to study the files and at times goes on transfer without going through all the files he inherited. This is why some land matters have been pending before the court for years. The undue request for adjournments by counsels is another important factor in determining quick dispensation of judgments by the courts. Here most counsels are in the habit of asking for adjournments under the guise of studying the files and facts. Some of these adjournments are actually baseless and frivolous even though some key informant lawyers blamed the parties for causing the frequent request for adjournments due to their inability to pay the required fees especially the appearance fees which is compulsory. Thus, both the lawyers and clients should exercise due care and restraints when asking for adjournments. If this is done, then quick dispensation of judgments over land matters will be ensured and communal crises will be minimized. (v) Government should release and implement the decisions of various white papers on past communal disputes. It was noted during the research that Benue state Government had not release most of the highly expected and long awaited white papers on some past communal disputes submitted to it by judicial commissions of inquiry. In this light, the highly expected desires of the people are not made. For instance, compensating the victims where it was recommended and identifying and punishing the culprits, amongst other recommendations. In this regard, the warring parties prick up arms as expected results and desires are not forth coming. Thus, government should release and implement the decisions of various white papers on past communal disputes in a bid to calm down tempers. (vi) The creation of more police posts It was discovered during this research that the number of police posts and security personnel within the state are not enough. As a result, the available police personnel

cannot contain the crises within the state with utmost dispatch. In most districts, there are no police posts and whenever, there is a crisis, the police is often moved either from the State capital or local government headquarter. By the time they arrive, the situation is most often out of hand. Thus it is suggested that the state government should liase with federal government to establish more police posts in Benue particularly in the districts so that prompt attentions could be given to distress calls. Both the federal and state governments could then enhance their performance by the provision of logistics and communication – aided devices to ease movement and monitoring and this will nip crises from the bud.

(vii) Government at all levels should provide more jobs to the teeming youths The youths in a FGD admitted that they fight because they are poor. Some specifically admitted that they were secondary school leavers but can only stay in the village and do some farming because there are no jobs even in town as some of them were in towns but came back to the village because of hunger as everything in town is bought and it is equally expensive and they do not have the money to spend. In the light of the foregoing, they fight just to get small money from the elders, elite and politicians. Thus, the provision of more jobs by government at all levels will curb the high unemployment rate. The employed youths will now have some thing doing and will no longer depend on unwholesome calls by elders, elite and politicians to fight. These calls definitely will be rejected. Until something is done in this respect “an idle mind remains the devil’s workshop”, and communal crises will still be in the increase in Benue State. Moreover, the provision of social amenities like electricity, good roads, water supply and health facilities in the rural areas will equally encourage most youths to set up small scale businesses like barbing and hairdressing saloons and thus discourage them from fighting since fighting will equally jeopardize their businesses and jobs as well. (vii) Government should identify erring culprits for punishment. In the course of the research, the research participants established that there is hardly any communal disputes in Benue State without the involvement of elite, politicians and chiefs. These personalities encourage and fan these crises by supplying arms and other offensive weapons to the youths as well as finance the crises. In this wise, the State Government should identify and punish any of the above mentioned personality involved in the promotion of communal crises. Where the individual is a civil servant for instance, he should be compulsorily retired and where he holds a political office, he should be dropped from that office as soon as the fact establishing his alleged involvement are ascertained. In addition, where such a culprit is a politician, he should be banned from contesting for any political office or position for a number of years to be determined by the government depending on his degree of involvement. On the other hand, erring chiefs should immediately lose their positions. In addition to these measures, the government can also prosecute them for criminal activities capable of breaching public peace. These measures will to a large extent serve as deterrence to the culprits and to future trouble makers. (viii) The neutrality of the Nigerian police in every land dispute. During the FGDs, the Nigerian police was partly blamed for provoking some of the crises amongst other causes. They do, by not acting or responding fast to distress calls. In some cases, even after their final arrival, they are often not neutral and at times, arrest are made only from one side while culprits from the other side go scot-free. Many reasons account for this, they could be acting under instructions from influential politicians or personalities who are interested in the crises in one way or the other or the

DPO in charge could even in some cases be an interested party in the crisis. In this vein, the aggrieved community sees this act of the police as one of connivance and such a community is never prepared to lay down its arms thereby prolonging the crises. Thus, the Nigerian police should always be fair, unbias and neutral in dealing with every dispute. (ix) The abolition of unconstitutional traditional practices that prevent women from owning and managing land. Section 43 of the Nigerian constitution provides that “… every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria”. While S. 42 (2) provides that “No citizen of Nigeria shall be subjected to any disability, or deprivation merely by reason of the circumstances of his birth”. But it regrettable that in Benue today, customary practices still exist and prevent the women from owning and managing the land in complete defiance of sections 42 (2) and 43 of the 1999 constitution. In Benue, both the Tiv and Idoma customs regard women as “property” which can be inherited and equally consider them as non members of the family. In this light, even the widows cannot inherit or manage the landed properties of their late husbands. These customary practices are today obnoxious, harmful and unconstitutional. Thus, the Tiv and Idoma traditional councils should enact and abolish such customary practices. The “women’s Rights Advancement and Protection Alternative” (WRAPA) should handle this issue and liase with the Tiv and Idoma traditional councils to ensure that these practices are abolished, so that the women can own and manage landed properties particularly the widows managing the husband’s estate in order to take care of the children left by the deceased husbands. (x) Involvement of youths and Women in the settlement of communal disputes. In Benue State, the youths and women are conspicuously left out in the settlement of communal disputes by the elders. This has left the youths unhappy and most often dissatisfied with the decisions arrived at by the elders. In this case, the warring youths continue to fight despite repeated calls on them by the elders to lay down their arms. The youths are most often aggrieved because, they feel that as the future leaders and elders of tomorrow, they should know what is happening with the land and how the boundaries are demarcated. Today as well, so many women are of influential character and could be very instrumental in the brining of peace. Thus, the need to involve them in the settlement of land disputes and the youths as leaders of tomorrow is long overdue. (xi) Enlightenment campaigns against communal crises The Tiv and Idoma Traditional Councils as well as other organs of government and NGOs should be encouraged and directed to: (a) Embark on massive re-orientation of the people towards promoting the social and political integration of the communities and ethnic groups with one another and accordingly, discourage any acts or utterances aimed at or intended to encourage any unjust ostracism of any group of people; (b) Charge the traditional rulers, particularly in the crisis communities, to consciously discourage their subjects from rising in indiscriminate communal support of their respective kinsmen in inter-personal disputes that could be legitimately settled within the law, and accordingly, to remind the people of the existence of such bodies as the state boundaries commission whose duties include the determination of boundary disputes; (c) Sensitise their subjects to understand that land generally belongs to government and therefore that the right of occupation and use in the individual cannot be pursued beyond limits permissible within the law;

(d) Educate the Benue populace to ensure that all court orders over interpersonal and communal land boundaries are respected and in all other causes for the boundaries established by the Chiefs and elders; (e) Sensitise communities and individuals to exercise restraint and the severity with which they sometimes react to what was obviously a mere misdemeanour by the other community or individual; (f) Finally, educate cultural association to desist from making malicious publications capable of insighting a community over another and equally advised to eschew parochialism and destructive local politicking and rather give more attention to development projects and those involved in such malicious publications, should be deprecated.

5.2. Conclusion In Benue State majority of the people earn their living through farming. The land rights available to the people are uniform but there exist no uniformity in the distribution of land among all the people. The worst affected are the “poor”, a concept which even the discussants in focus group discussions could not define with ease. Poor was however conceived from the materialistic view based on the socio-economic strata of the individual in question on a whole, as a person who is hungry, unable to feed himself and the family, a person who cannot guarantee his steady means of livelihood is a poor person. From the findings, the women, widows, orphans and the less privilege particularly non principal members of the communities and families fall within the category of poor persons. It must also be noted that, even the Land Use Act which protects, preserves and guarantees the peoples’ rights of use and enjoyment of land is only in principle. For instance, Section 1 of the Act has vested all the lands in the State on the governor who shall manage and hold the land in trust for the benefits of all Nigerians. But it must be pointed out that allocations by the Governor through his approved agents or agencies are only done to a particular class of people excluding most often the poor whose applications for allocation of land have never been considered because of their social status in the society. The lack of uniformity in the distribution of land in rural areas and the indiscriminate allocation under the Act have rendered the patterns of acquiring and securing land rights questionable. These and other factors have made Benue State vulnerable to communal disputes. In Benue State as well, a lot of archaic and obnoxious unconstitutional customary practices still exist and have prevented many people from managing land like women, non indigenes and youths thereby subjecting them to abject poverty, misery, agony and grief. The end results have been physical confrontations and challenges resulting to high death toll and destruction of property. The denial of land rights to the poor and less privilege in Benue State and the incessant communal disputes have contributed to the social economic backwardness of the State. The absence of visible industrial setups both in the urban and rural areas is partly due to the fear of property being burnt down in the event of any communal crisis since the major way of settling scores during communal crises is killing and burning down of houses as against the court’s equitable punishment of fine or imprisonment commensurate to the offense. This has prevented most elite from building decent houses in their villages or setting up small and medium scale industries for the benefits of the rural populace thereby retarding the growth and development of Benue State in general. Thus, the need to undertake this research in order to see how the above objectives can be explored.

Finally, the research revealed that registration of titles to land remains the best way of establishing land rights. This system is quite old and very prevalent in the southern part of Nigeria. With this method, records are kept clean and relied upon. But in Benue, the reverse is the case as so many people appear to be aware of the registration formalities but have not been sufficiently educated on its advantages. As such, recourse is often had to oral accounts which tend to promote counter and conflict claims which in turn fuel crises.

EXPERIENTIAL LEARNING First of all, we the researchers were very happy to conduct this research since it was an opportunity to interact and rub minds with the elders, senior lawyers and judges. In the course of conducting the research we experienced the following: First, in Benue State, the elders have a lot of respect for strangers. In other words, the chiefs, elders, women and the youths were so hospitable and welcoming. At the beginning of every FGD, we were told to feel at home. The people as a mark of respect particularly the chiefs in Tiv land came out in very clean dresses and equally woe their beats while in the Idoma area, the chiefs and elders appeared in their traditional regalia. In the Idoma area, as a mark of respect and in keeping with their tradition, we were first of all received with kolanut by the chiefs before the commencement of the discussions which were opened and frank and the chiefs and elders pleaded with us that they were waiting for positive results and lamented that similar exercises have been conducted in the past but they have never received any positive results. At the end of every FGD, participants were very happy and took pictures with us. In every discussion, the people arrived first and sat waiting patiently for the research team to arrive. Secondly, we received a lot of appreciation from the women and youths. The women and the youths constitute the vulnerable group , that is, the poor. They expressed their happiness towards the researchers for bringing up pertinent issues that bothered on their marginalization like their right to manage, own and inherit land as well as participate in the resolution of land disputes. At least, the meetings were an opportunity for them to express their grievances against the elders even though they were not rebelling against them or tradition. They maintained that they were still highly respectful to tradition and the elders, whether or not the outcome of this research will change their status. Furthermore, the research equally exposed us to the tradition of the people. For instance, in Benue State, a guest can only chat or discuss with the chiefs through special arrangements with their agents who must be their subjects. The subject matter of the discussion must be revealed before hand by such agents before any approval can be given. We equally noted that the chiefs speak only through interpreters even where there were vest with English language. In every occasion, we had to address them in the proper manner as we had already been told on how to address a chief both in Tiv and Idoma speaking areas. We equally experienced that, the tradition in Benue State demands that, a visitor cannot engage a chief in his palace for a discussion and goes back without presenting him with a gift. In Tiv land for instance, you cannot assemble more than one chief and elders without presenting them a goat and a drink. The research budget however did not take care of these expenses but the research team in keeping with the peoples’ tradition had to present some token gifts to the chiefs and elders out of their own pockets at the end of every FGD, as we had been briefed by the various agents about these expectations. These expectation equally encouraged attendance and we recorded very high attendance in the three LGAs we visited. Despite these above mentioned aspects, some interviewers experienced a few problems. For instance, one of the interviewers narrowly escaped an attack by the people of one of the worrying community as he was seen and considered as a spy particularly that he came to find out things related to land and the fight which they just concluded with their neighbours. However, through the assistance of some personal friends of his, he was taken to the elders and after a lengthy interrogation, he was accepted and permitted to administer the questionnaire. He was however, given a young

man to go about with him as a sign of acceptance and protection. At the end of the day, some gifts were made to some elders and those that protected him. Finally and generally, a majority of the respondents in the five LGAs were not happy as they were not given money. Some right from the beginning wanted to know whether or not they will be paid. In the light of this, most of the respondents insisted that they were only free in the evenings as instead of going to the farm, they cannot waste the day when they will not be paid. As such most of the questionnaire were administered only in the evenings after the people had returned from their farms. However, in some cases, some vulnerable persons like widows, old people and orphans were given some token amounts ranging between N20 – N50.

Reference List of Sources Used for the Research 1. Access to Justice Terms of Reference under purpose 1 output 6. 2. Cases law as seen from the various cases 3. Community conflicts in Nigeria: Management, Resolution and Transformation. Edited by Onigu Otite and Isaac Alber (Funded by DFID 1994 – 1999) by Spectrum Books, Ltd.

4. Essentials of Nigerian Land Law by M. A. Egute (2002); Onaivi Printing and Publishing Co. Makurdi. 5. The land Use Act 1978, now cap. 2002 Laws of the Federation of Nigeria 1990. 6. Laws of Northern Nigeria, 1963. 7. I. O. Ode: “The Effects of Communal Conflicts on National Food Security: The Benue Example”. Being an article published in A multidisciplinary journal. Published by National Association for the Advancement of knowledge vol. 5. No. 5, Aug. 2002 at pp. 123 – 128.

8. Report of the Judicial Commission of Inquiry into the communal Crisis Between Mbagwaza and Utange Districts in Ushongo Local Government Area, August 1998.

9. Views of the Federal Military Government on the Report of the Judicial Commission of Inquiry into the Dispute between the communities in Obudu and Ogoja Local Government Areas of Cross River State and the communities in Vandikya Local Government Area of Benue state, 1989.

Annex I

TERMS OF REFERENCE UNDER PURPOSE 1 output 6:

Reseearch On Land Rights and Mechanisms for Resolving Land Disputes in Benue State

November 2003 – January 2004 Background:

Land Right Of The Poor

During consultations with various stakeholders in Benue State the need to improve processes around the formal documentation of land rights to ordinary people and reorganise the mechanisms for the resolution of land disputes were identified as major areas issues that, unchecked, were causes of conflict in the State. In addition, they represent an important issue of justice for the poor - insecurity resulting from precarious land property rights.

It is believed that between 70 percent of the population in Benue State depends on income from subsistence farming. Whilst the available land for agricultural purposes has remained fixed over the last century there has been a more than 300 percent increase in population. This resulted in contending claims for available land; as stated earlier, this land is crucial to the livelihoods of the majority of people.

Competing claims over land have resulted in conflict within families, kindred groups and clans and conflict between different communities. These conflicts have resulted in the disruption of farming activities and the destruction of property. Recent examples of such crises arising from land disputes are:-

• The Jukun/Tiv crises in Abinsi; • The Ipav/Ushongo Communal conflict around Gboko; • The Igede/Tiv crises around Konshisha/Oju and • The Minda/Kparev conflicts around Makurdi.

The current formal system of land administration and adjudication in disputes relating to land rights in Benue State is perceived by many to be ineffective in dealing with such disputes. This formal system, for example, presupposes a land tenure system that is certain, well-defined and proven by registered title deeds. This is not necessarily the case. The system also works very slowly with the result that land disputes can remain in the courts for decades. The resulting financial strain and frustration among parties in turn, fuels conflict.

Ownership alone, however, does not guarantee security of tenure. Recent studies in West Africa19 show that simply recognising local practice and experience – even where it falls short of ‘legal’ ownership – can help rural farmers to feel more secure about their land rights and, thereby, promote activities that tend toward long-term economic security.

19 From the outcomes of a seminar on making land rights more secure held in Ouagadougou, Burkina Faso, 19-21 March 2002, IIED, GRET & GRAF.

There is a need, therefore, to obtain specific information for Benue State on:

1. The different local patterns and practices for obtaining and securing land rights; 2. Conflicting requirements among local practices that complicate the resolution of competing claims to land; 3. The mechanisms of both informal and formal forums for resolving competing land claims; 4. Documented examples of how the mechanisms in 3 above, operate against the interests of the rural poor; 5. Perceptions of the poor on how current local practices and current laws and regulations with respect to obtaining, documenting and securing land rights negatively impact their lives and livelihoods; 6. Perceptions of the poor on how current local practices and current laws and regulations with respect to obtaining, documenting and securing land rights enhance their lives and livelihoods. Findings from such research will help to build an evidence base for pro-poor interventions relating to mechanisms for resolving land disputes in Benue State.

Purpose: Access to Justice Programme Research: The Access to Justice Programme supports the use of multiple methods to collect, analyse and interpret information on perceptions of the poor and on justice-related institutions and processes in Nigeria. The purpose is to use findings from the research to build an evidence base for pro-poor justice sector reform, particularly in the Programme’s focal states: Benue, Ekiti, Enugu and Jigawa. This evidence base will inform the development of pilots and demonstration projects for the Programme. The hope is that outcomes of the monitoring and evaluation of the pilots will reveal successful initiatives that can enhance and expand access to justice for poor and vulnerable people in the focal States in particular and ultimately in Nigeria as a whole.

The Current Project The proposed research will document and analyse the implementation of current land law, administrative rules, and local polices and practices to see how they impede the peaceful enjoyment and restrict access to land for the poor in Benue State. The research will also obtain information on the experiences and perceptions of poor people in Benue State on how current laws and local practices, relating to obtaining, documenting and securing land rights, have a negative impact on them.

Methodology Research methods The research will make use of a variety of methods including personal interviews, observations, and a desk review of relevant prior literature. The desk review should be carefully structured to cover historic factors that provide a context for understudying and interpreting information obtained from the personal interviews and observation of dispute resolution information obtained from (a) the personal interviews and (b) observation of dispute resolution proceedings. The research will include coverage of the Tiv and Idoma as well as any third language/ethnic group in Benue State, by an appropriate selection criterion such as local government area. In addition, in furtherance of the programme’s desire to pursue a participatory approach to reform, the consultant will prepare a plan for

participation and consultation with key audiences prior to, during and after the conclusion of the research.

Primary research questions 1. How do ordinary people (i.e., those without advantages of family ties, wealth or social status) in Benue State acquire land rights, particularly rights to the use of land for agricultural purposes? 2. What formal and informal obligations attach to these rights? 3. What are the formal procedures for obtaining, documenting, registering, and securing rights to land in Benue State? 4. What are the current informal and formal land dispute mechanisms in Benue State? 5. How do these mechanisms impede and how do they enhance ownership rights and access to land for the poor? 6. How do these mechanism impede and how do they enhance ownership rights and access to land for women? 7. What do poor people say about how informal and formal land rights documentation and dispute mechanisms affect their access to and peaceful enjoyment of land rights in Benue State? 8. What, according to women, are the advantages of current local practices, law and administrative regulations relating to obtaining land rights and the resolution of land disputes in Benue State?

Key Research Outputs and Contents for the Final Report Research outputs The outcome of the research activities should be a report providing the following: • A description of the procedure and practices relating to the acquisition of land rights, particularly rights to land for agricultural purposes, in Benue State. • A summary of the formal and informal procedures for documenting, registering and securing land rights in Benue State. • A description and explanation of the obligations arising from specific land rights in Benue State. • An analysis of relevant historical contexts within which land disputes may be interpreted and understood. • An analysis of the advantages and disadvantages accruing to women and the poor from current local practices, law and administrative rules relating to land rights in Benue State.

Contents of the final report: 1. Description of the persons interviewed by salient demographic characteristics including (where such descriptors are relevant) but not limited to: gender, age, education, ethnic background, family size and composition, housing structure and living arrangements, income, religious and cultural orientation. 2. Descriptions of what poor people – both women and men – say about how current laws, administrative policies, and local practices affects their enjoyment of specific land rights. 3. Description of current laws, administrative policies and local practices relating to the acquisition, documentation, and registration of land rights in Benue State. 4. Identification of the system structures, administrative policies and local practices that are inimical to women’s enjoyment of land rights.

5. Identification of the problems relating to the acquisition, documentation and registration of land rights for the poor in Benue State. 6. Suggestions for modifications to current policies, rules and structures, as well as for future activities to promote the easy acquisition and secure tenure of land rights for women and the poor in Benue State. 7. Suggestions for the enhanced participation and engagement of the poor in future programme activities. 8. Copies of all instruments and complete bibliography of all reference materials used during the research.

Deliverables • Detailed description of the research plan with a timeline for completion and plan for participation and consultation with key audiences at the time of contract signing. The exact date is to be agreed but it is anticipated that this will take place in early November 2003. • Draft questionnaires, focus group questions, and other relevant preparatory materials no later than November 20, 2003. • Weekly, one – page status reports by e-mail or fax from the time of signing of the contract. • Detailed table of contents of the final report by Friday January 9, 2004. The report should be in the format specified for research consultant reports to the programme and should contain all items specified above. • Good draft of the final report by Friday January 16, 2004. • Final report by January 30, 2004. The final report should be provided (a) in hard copy and (b) as a Microsoft Word document on a 3.5 computer disk or by e-mail.

Timeframe The research will be conducted from November 2003 to January 2004.

Management Arrangements On a day – to – day basis to Lucrecia Seafied, Benue State Justice Advisor. All periodic reports and deliverables to Lola Odubekun, Research and Evaluation Manager. Final Report to Vincent del Buono, Programme Co-ordinator (see annex 6).

Budget N1,068,000.00 (one million and sixty eight thousand Naira)

ACCESS TO JUSTICE PROGRAMME.

LAND RIGHTS AND MECHANISMS FOR RESOLVING LAND DISPUTES IN BENUE STATE.

Instruction to interviewer: Tick the answer given by the respondent to each question or write the brief answer given by the respondent where necessary. 1. State of interview:……………………………………………. 2. Local Government of interviewer:…………………………… 3. Date of interview:……………………………………………. 4. Name of interviewer:……………………………………….... Characteristics of Respondent. 5 Ethnic group of Respondent…………………………… 6 How old are you?………………………………………. 7 Please tell me about your education: a Never been to school b Primary c Post Primary d Tertiary 8 What is your position in your community/village? a Family head b Kindred head/chief c Principal member d Non of the above. 9 What is your sex? a Male b Female 10. What is your occupation? a Farming b petty trading c Artisan d unemployed e Civil Servant f Businessman/woman g Retired 11. What is your marital status? a Single b Married c Separated d Widowed 12 What is your average monthly income? a Less than N 500 b N 500 – 10,000 c N 10,000 – 15000 d N 15000 – 20000 e N 20000 – 30000 f N 30000 – 50000 g N 50000 and above. 13 What type of accommodation do you have? a Thatched or mud house b Zinc house c Self-contained house d Flat e Rented house f Owner occupier house g No house at all 14 Are you an indigene of this community? a Yes b No

15 How long have you lived in your area? a Less than 5 years b 6 – 10 years c 10 – 20years d 20 – 30 years e 30 years and above. 16. What is your religion? a Islam b Christianity c Traditionalist d None of the above 17 Do you own any parcel of land within the community or village where you reside? a Yes b No 18 If the answer to “ No 17” above is yes, then what do you use the land for? a Farming b Building c Renting d Nothing e Both farming and building 19 If the answer to “No 18” above still is yes, then how did your acquire the parcel of land? a By allocation by the family head/chief b By inheritance c By gift d By purchase 20 Who controls communal land in your area? a The chief b Kindred head c the women d the elites 21 Are members of the community entitled to acquire land as of right? a Yes b No 22 How do members of your community acquire community land for farming and building? a By allocation by the chief b By purchase from the chief c By gift from the chief.

23 The chief manages community’s land a Alone b With principal members or elders c Non principal members 24 How did your community acquire the land, which it lays exclusive claims on? a By settlement b By conquest c Inheritance from ancestors d Gift e By purchase 25 How is the land of your community demarcated or differentiated from that of another community? a Beacons by lands and survey b Streams c Economics trees d Valleys e Hills f No visible demarcations at all. 26 If a member of the community goes to the chief for a portion of the communal land for farming and he refuses then can that member a Sue him in court b Make trouble with him c Report him to the council of elders d leave the community 27 Are all members of your family entitled to use and enjoy land as of right? a Yes b No 28 Are non-indigenes given equal rights and opportunities to use and enjoy land in your community? a Yes b No 29 How does non-indigenes acquire right over land in your community? a By sale by the family head or chief b By gift c By allocation as of right d Not entitled at all. 30. Can a woman/widow inherit the land of her late husband in your community? a Yes b No. 31. If the answer to “No. 30” above is no, what reasons account for this a Tradition forbids her b She cannot manage the land c She is an inheritable property herself. d All of the above. 32. Can female children inherit their parent’s landed property along side their male brothers a Yes b No. 33. If a man dies in your community and the wife is refused from managing the land, then what happens to the children? a They are sent back to their maternal uncles b They can stay on the land but their paternal uncles manage the land for them c None of the above. d (Others) Specify 34. Are you aware of land registration facilities? a Yes b No. 35. Have you registered the piece of land in your possession with any government organ? a Yes b No. 36. Are you satisfied with the manner in which your chief or family head manages the land? a Yes b No. 37. Do you know of the statutory and customary rights of occupancy? a Yes b No. 38. Have you ever secured either the customary or statutory right of occupancy? a Yes b No. 39. Are communal crises common within your community? a Yes b No. 40. How many communal crises over land have taken place for the past 20 years?………………… 41. These communal crises are between a Members of different communities b Members of different ancestral roots c Members of different ethnic groups d All of the above. 42. Are land disputes equally common within the families of your community? a Yes b No. 43. Why are land disputes common within the families? a Due to mismanagement by those in control b Some members are denied the right of use and enjoyment c All of the above.

44. Land disputes generally in your community are mostly caused by: i) Marginal boundaries a Yes b No. ii) Denial and rejection of peace agreements arrived at by elders during and after land disputes by the youths a Yes b No. iii) Fears of domination and marginalization by fast growing communities and ethnic groups a Yes b No. iv) Persistent trespass to land by neighboring communities and members of the family a Yes b No. v) Ignoring of court judgments over land a Yes b No. vi) Denial of land rights to returnees from sojourn a Yes b No. vii) Mismanagement of land rights by those in control of land. a Yes b No. viii) Denial of members’ rights by those in control of the land a Yes b No. ix) Inability of members to prove ownership a Yes b No. x) The role of the elites e.g most elites influence the decisions of the elders in settling communal disputes and equally bribe family heads and community leaders to allocate large portions of land to them at the expense of other and equally supply ammunition used by the youths during conflicts members of the community and family a Yes b No. xi) Inability of the courts to dispense with land matters in time a Yes b No. xii) Delay in the release of white-papers by both Federal and State Governments over communal crises a Yes b No. xiii) Dissatisfaction with court judgments a Yes b No 45. Between court (formal) and traditional method (informal) of settling land disputes, which do you prefer? a Court b Traditional method. 46. You do not prefer the court process because a It is time consuming b The cost of litigation is high c All of the above. 47. You prefer the traditional method of disputes settlement because a The method can be manipulated b Members feel more at home than in the court c It is not a win-win situation d It is not a lose win situation e All of the above. 48. You prefer the court process because a The judges are not bias b Members can easily comply and obey the judgments c The judgments are always written d All of the above. 49. Does the traditional method of settling land disputes protect the rights of the child? a Yes b No. 50. Does the traditional method of settling land disputes protect the rights of women and widows adequately. a Yes b No. 51. Under your native law and custom, can a woman acquire her own property (land) e.g by purchase and control it? a Yes b No. 52. How safe do you feel in regulating your deals under the traditional method? a Very safe b Very unsafe c Some how safe d Non of the above. 53. Why must your people fight in order to protect the land in case of trespass instead of taking the matter to court? a Taking the matter to court will waste time b It is better to fight so as to reduce the population of the opposing community or village c Fighting asserts the superiority of the victors d All of the above. 54. Why is it that whenever there is a dispute between two communities over a piece of land, the burning down of houses, the destruction of grains, farm lands and the killing of human beings are preferable to any other form of suffering or punishment? a The

above are a quicker means of punishment b The other community is considered as the major enemy and should merit the above means of punishment c All of the above. 55. If government had identified and punished people that encouraged communal crises in the past would this have helped in the reduction of land disputes between communities? a Yes b No c Non of the above. 56. Are you aware that it is a criminal offence punishable by the state to destroy someone’s property and kill him? a The law may exist but we are not aware b We are aware of the law but must defend ourselves. 57. Why is it that your community has not learn a lesson from past fights that have let to the lost of children, women and old people most especially? a It is a struggle, which we must continue with it b We fight at times in order to revenge c We don’t care about the loss d We fight in order to completely eliminate our opponents in order to take over their farm lands e All of the above. 58. Who are the people that fight during communal crises? a Youths b Women c Both youths and middle age men d Old men and women. 59. Who are mostly the victims of communal crises? a Children b Women c Old men d “A, b, c above” e Everybody. 60. Have the elders of your community ever attempted to make peace with their neighbors in a bid to settle their differences over the land? a Yes b No. 61.(a) Are the youths involved in the settlement of land disputes? a Yes b No. (b) Are women involved in the settlement of land disputes? a Yes b No 62. The dispute over land in your area was last between your tribe…………………… and..……………….. People. 63. For how long has this dispute been going on?……………………….. 64. Do you agree that communal crises can be adverted if the below suggestions are employed? i) Government should do more to protect the people by setting up police posts in the rural areas a yes b No. ii) The youths should listen to the elders and learn to accept decisions arrived at during peace meetings a Yes b No. iii) Traditional rulers should be given wider powers in the administration and allocation of land a Yes b No.

FOCUS GROUP DISCUSSION GUIDES TO KEY INTERVIEW INFORMANTS IN KATSINA-ALA, ADO, AND OJU LOCAL GOVERNMENT AREAS. We would like to know how you people understand:

1. Who are the poor in your area? 2. Is there any uniformity in the distribution of land in your area? 3. Who are the principal people that control land in your area? 4. Are the members of your community/family generally satisfied with the manner the control is done? 5. How did you people acquire the land that belongs to you today? 6. Do women share in the distribution of the land? 7. What is the general position with widows in respect with the control of their husbands’ landed property when they die? 8. Why are communal disputes frequent within your area? 9. Are the disputes between family members; families v. families; community v. community? 10. What are causes of these crises? 11. How are the disputes normally settled? 12. Do the youths and women play any role in the settlement of communal disputes? 13. Women, tell us generally how you people are treated by the elders and men when issues involving land are concerned. 14. Suggest the various ways by which communal disputes can be settled to the satisfaction of all the parties involved. 15. Women, suggest the various ways by which you think can improve your position with regard to the management of land. 16. Elders, are you satisfied with the manner and ways by which government has handled communal disputes in your area? 17. What advise do you give the government? 18. Suggest better ways of managing the land as well. 19. Does the entire community earn their living only from land?

QUESTION GUIDES TO JUDICIAL OFFICERS ON LAND RIGHTS IN BENUE (JUDGES ONLY) 1. Status of Judge? 2. Are land disputes rampant in Benue? 3. Do the people involved normally come to court for settlement? 4. About how many land cases have come to your court for the past 5 years? 5. How many of such cases have finally been disposed of? 6. It is believed that there is undue delay in delivering judgements to most of the land cases by judges before their courts. What reasons account for this undue delay? 7. How many land cases decided by you have gone on appeal? 8. From your experience as a judge, what are some of the reasons what lead to communal, family and individual disputes over land? 9. Comment generally on the land crisis situation in Benue. 10. What has been your experience in respect of registration of titles over land in Benue.

QUESTION GUIDES TO PRACTICING LAWYERS ON LAND RIGHTS IN BENUE. 1. As a lawyer, are you equally involved in the business of formal land transactions like drafting of agreements, for all forms of alienation for both the sellers and buyers of land? 2. What has been your experience in the performance of the above in terms of titles to land by sellers? 3. Are most of the titles registered and equally backed up with Certificates of Occupancy? 4. How often do you encounter competing claims over land by the parties involved? 5. About how many court cases have you handled involving land? 6. From your experience, are the people of Benue State aware of registration facilities? 7. Comment generally on the problems, you have so far encountered in the course of handling land cases. 8. The judges have been accused of undue delay in delivering judgments over land cases, what in your opinion could be the reasons for this undue delay? 9. Comment generally on communal crisis in Benue over land. 10. Comment generally on the causes of land disputes in Benue State. 11. Suggest various ways by which communal crisis can be reduced or eliminated in Benue State.