The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, .

Public Disclosure Authorized

FINAL REPORT

RESETTLEMENT ACTION PLAN (RAP) FOR AGASSA EROSION SITE, LOCAL GOVERNMENT AREA

Public Disclosure Authorized SUBMITTED TO

Public Disclosure Authorized

KOGI STATE EROSION AND WATERSHED MANAGEMENT PROJECT (KGS-NEWMAP) PLOT 247, STREET, GRA, .

Public Disclosure Authorized

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

RAP Basic Data/Information

S/N Subject Data

1 Intervention Site Agassa Gully Erosion sub-project, Okene LGA, Kogi State

2 Need for RAP Resettlement of People Displaced by the Project/Work

3 Nature of Civil Works Stabilization or rehabilitation in and around Erosion Gully site - stone revetment to reclaim and protect road way and reinforcement of exposed soil surface to stop scouring action of flow velocity, extension of culvert structure from the Agassa Road into the gully, chute channel, stilling basin, apron and installation of rip-rap and gabions mattress at some areas.

Zone of Impact 5m offset from the gully edge.

4 Benefit(s) of the Intervention Improved erosion management and gully rehabilitation with reduced loss of infrastructure including roads, houses, agricultural land and productivity, reduced siltation in rivers leading to less flooding, and the preservation of the water systems for improved access to domestic water supply.

5 Negative Impact and No. of PAPs A census to identify those that could be potentially affected and eligible for assistance has been carried out. However, Based on inventory, a total of 241 PAPs have been identified.

6 Type of Losses Structures (buildings) and agricultural resources

7 Impact Mitigation Prudent approach to stabilisation efforts will reduce level of impact on identified structures; damaged assets to be compensated at replacement value

8 Census Cut-Off Date December 10, 2017

9 RAP Implementation Cost? SPMU implements with support from Federal Ministry of Environment and other relevant Federal and State MDAs and World Bank. RAP implementation committee shall include representatives of the local government, local communities and PAPs, Site Committee, NGO/CBOs, Ministry of Lands and Survey with support from the Social Livelihoods Officer (Social Safeguard Specialist) of SPMU

10 Grievance Procedures A Community Leader as Chairman of the Committee, Site Committee member, PAPs Representative, local government, elected representative of the community at the LG, Affected local government Land officer and SPMU as members, shall be formed to hear complaints and facilitate solutions, so as to promote dispute settlement through mediation to reduce litigation.

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

TABLE OF CONTENTS

Content Page RAP Basic Data/Information i Table of Content ii List of Tables v List of Figures vi List of Maps vii List of Appendices viii Definitions of key Terms ix List of Acronyms xii Executive Summary xiii

Chapter One: Introduction 1.1 Background 1 1.2 The Need for a Resettlement Action Plan for the Proposed Project 1 1.3 The RAP and other Safeguard Instruments Triggered by the Project 2 1.4 Aim and Objectives of the RAP 2 1.5 Scope of Services and task of the RAP 2 1.6 Guiding Principles for the RAP 3 1.7 Approach/Methodology of RAP Preparation 3 1.8 Structure of the RAP Report 4

Chapter Two: Description of the Proposed Project and Socio-economic Baseline of the Project 2.0 Introduction 5 2.1 Description of Main NEWMAP Components 5 2.2 Kogi State and Description of Proposed Intervention Sites 6 2.3 Site Description 9 2.4 Geology, Relief & Drainage of Targeted Site 10

Chapter Three: Census and Socio-Economic Survey 3.1 Introduction 11 3.2 Census Cut-Off Date 11 3.3 Data Analyses and Interpretation 11 3.3.1 Analysis of Persons (Respondents) Interviewed 11 3.4 Socio Economic Date Results and Discussion 12 3.4.1 Agassa Household Demographics 12 3.4.2 Gender Distribution and Marital Status 12 3.4.3 Family Size and Average Age of Household Members 13 3.4.4 Educational level & Literacy Status 14 3.5 Agassa Socio-Economic Characteristics 14 3.5.1 Major Occupation of Household Heads 15 3.5.2 Household Income & Expenditure 15 3.5.3 Land and Other Resources: Ownership and Use 15 3.5.4 Household Residency & Housing Quality 15 3.5.5 Awareness of Proposed Project 16 3.5.6 Response on Desirability of Proposed Project 17

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Chapter Four: Impact of the Project 4.1 Introduction 18 4.2 Positive Impacts of the Project 18 4.3 Negative Impacts of the Project 18 4.4 Analysis of the Inventory of Affected Assets 18 4.5 Avoidance/Minimization of Resettlement 19 4.6 Mitigation Measures 19 4.7 Number and Types of Affected Persons 20 4.8 Inventory of Impacted Assets 20 4.8.1 Impact on Land and Structures 20 4.8.2 Impact on Agricultural Resources (Crops) 20 4.8.3 Impact on Utilities 20 4.8.4 Impact on Social Networks 20 4.8.5 Impact on Vulnerable Group 20 4.8.6 Potential Relocation Areas 21

Chapter Five: Chapter Five Relevant Local and Federal Policy, Legal & Regularity Framework 5.0 Introduction 22 5.1 The Resettlement Policy Framework (RPF) of The NEWMAP 22 5.2 Interim Guidelines for Addressing Legacy issues in World Bank Project 22 5.3 Policy on Disclosure and Access to information 23 5.4 Nigeria Regularity Framework 23 5.4.1 The Federal Ministry of Environment 23 5.4.2 Nigerian Law/Land use Act of 1978 & Resettlement Procedures 23 5.4.3 Requirements of the Land Use Act 24 5.5 International Guidelines 25 5.5.1 The World Bank Policy on Involuntary Resettlement WB OP 4.12 26 5.5.2 Conclusion Drawn from the Review of World Bank Policy on Involuntary Resettlement 26 5.6 Comparison between Nigerian Land Use Act (1978) and World Bank operational Policy (WB OP. 4.12) 26 5.7 Eligibility Criteria 30

Chapter Six: Valuation & Compensation of Affected Structures and Properties 6.0 Introduction 32 6.1 Valuation Methodology 32 6.1.1 Replacement Cost Method 32 6.1.2 Land Resettlement 32 6.1.3 Disturbance and other Incidental Contingencies 32 6.2 Affected Structures 32 6.2.1 Immovable Structures/Property 32 6.2.2 Moveable Structures/Property 32 6.2.3 Permanent Structures/Asset 33 6.2.4 Compensation and Other Resettlement Assistance 33 6.3 Modes of Restitution 33 6.4 Compensation Payment and Procedures for Delivery of Compensation 33 6.5 General Principle to be Adopted for Compensation 33 6.5.1 Procedure for Delivery of Compensation 33 6.6 Assistance to Vulnerable Groups 34

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6.7 Livelihood Restoration 34 6.7.1 Restoration Strategies 34 6.8 Provision of Amenities for the Communities 35 6.9 Environmental Protection and Management 35

Chapter Seven: Public Participation and Consultations 7.1 Introduction 36 7.2 Objective of the Consultation 36 7.3 The Stakeholders 36 7.3.1 Consultation Strategies 36 7.4 Discussion with Stakeholders and Summary of Outcome Conclusion 37 7.5 RAP Public Disclosure 38

Chapter Eight: RAP Implementation and Institutional Arrangement and Capacity Building

8.0 Introduction 42 8.1 Organisational Arrangement 42 8.2 Institutional Capacity Building Requirements and Costs 45 8.3 RAP Implementation Schedule 46 8.3.1 Resettlement Activities and Responsibilities 46 8.3.2 Estimated Cost of the RAP Implementation and Funding 48 8.3.3 Sources of Fund 48 8.3.4 Implementation Timetable 48 8.4 Coordination with Civil Works 49

Chapter Nine: Grievance Redress Mechanism 9.0 Introduction 51 9.1 Grievance Redress Process 51 9.2 Stages in grievance Redress process 51 9.3 Procedure for Registering a complaint 52 9.4 Grievance Log and Response Time 53 9.5 Monitoring Complaints 53

Chapter Ten: Monitoring and Evaluation 10.1 Introduction 54 10.2 Purpose of Monitoring 54 10.3 Components and Elements of the Monitoring Plan 54 10.4 Monitoring Framework (Internal and External) 55 10.4.1 Internal Monitoring 55 10.4.2 External Monitoring/Evaluation 55 10.5 Monitoring Parameters / Indicators 56 10.6 Reporting 56 10.7 Completion Audit 56 Bibliography 57

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List of Tables Table Page 2.1: Main NEWMAP elements and outcomes 5 2.2: The population of Kogi State by Local Government Area 10 5.1: Comparison between Nigerian Land Use Act and World Bank Operational Policy (0P4.12) 26 5.2: The Entitlement Matrix for Various Categories of PAPs 29 5.3: Eligibility Criteria for Compensation 31 7.1: Queries/Observations and Responses given to the Stakeholders 37 8.1: Roles and Responsibilities for Implementation of the RAP 42 8.2: Awareness and Capacity Building Needs of Relevant Stakeholders 45 8.3: Summary of Resettlement Activities and Responsibility for implementation of the RAP 46 8.4: Budget Estimate for the RAP Implementation 48 8.5: Major Component Tasks and Schedule for the RAP Implementation 49 9.1: A Typical Reporting Format for Grievance Redress 53 10.1: Monitoring Indicators 56

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List of Figures Figure Page 3.1: Gender Distribution of Household Heads in Agassa 13 3.2: Marital Status of Household Heads in Agassa 13 3.3: Average Age of Household Heads in Agassa 13 3.4: Average Age of Dependent Household Members 13 3.5: Percentage Distribution of Family Size 14 3.6: Highest Educational Level of Household members in Agassa 14 3.7: Highest Educational Level of Household Heads in Agassa 14 3.8: Distribution of Household Heads by Occupation Type in Agassa 15 3.9: Households‘ Reasons for Residing in Agassa Catchment 16 3.10: Types of Houses occupied by Households in Agassa 16 3.11: Awareness of Proposed Project 16 3.12: Desirability of Proposed Project 17 7.1: Consultation with Men/Elders Focal group (Friday, 26/01/2018) 39 7.2: Consultation with the Onoba of Agassa (Friday, 24/11/2017) 39 7.3: Consultation with Women Focal Group (Friday, 26/01/2018 39 7.4: Consultation with Youth Focal group at Agassa (Friday, 26/01/2018) 39 7.5: Cross Section of Stakeholders Meeting at Agassa (Friday, 26/01/2018) 39 7.6: Consultant and Stakeholders Forum (Friday, 26/01/2018) 40 7.7: Consultant and Stakeholders Forum (Friday, 26/01/2018) 40 7.8: Consultant and Stakeholders Forum (Friday, 26/01/2018) 40 7.9: A Cross Section of Participants during Consultation Meetings 40 7.10: Meeting of Consultant, NEWMAP Representatives and Agassa Community Erosion Association 41 7.11: Site Inspection with the Engineering Crew of the NEWMAP 41 7.12: Site Inspection with the Engineering Crew 41

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List of Maps Maps Page 2.1 Map of the World 7 2.2 Map of Africa 7 2.3 Map of Nigeria Showing Kogi State 7 2.4 Map of Okene Local Government Area 7 2.5 Map of Kogi State showing Okene Local Government Area 7 2.6 Current NEWMAP States 8 2.7 Corridor Mapping of Agassa Gully Erosion Site 8

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List of Appendices Appendix Page 1: Minutes of Public Consultations 58 2: Focal Group Discussion (FGD) 60 2a: Attendance List: Community Consultation 63 2b: Socio-Economic Survey Questionnaire 68 2c: Cut-off Date Letter to Stakeholders 68 3: Safeguard Instruments Prepared for the Proposed Works 69 4: Approach/Methodology of RAP preparation 70 4.1: Analysis of Socio-Economic Background of PAPs 73 5: Summary of Valuation for Resettlement Action Plan for Agassa Community 75 6: Entitlement Summary for Owners of Structures and Economic Trees 80 6a: Agassa Tenants for Financial Assistance 83 7: Corridor Mapping of Agassa Gully Erosion Site at Okene, Kogi State 86 8: List of Experts who carried out the Survey 87 9: Photo gallery of Agassa PAP 88 10: Engineering Design of Agassa Gully Erosion 90 11: Standard Rate for Economic Trees and Cash Crops in Nigeria. 90 12: Cultivated Crops 92 13: Letter of appeal by Mall. Yahaya Suleiman (KGNM/AGASSA/17/004) 94 14: Stages in the Grievance Redress Process for the RAP 95

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DEFINITION OF TERMS Word I Term Definition Asset Inventory A complete count and description of all properties that will be acquired. Bank World Bank Census Official enumeration and collection of demographic information of people and individuals in the sub-project locations of the Project. Children All persons under the age of 18 years according to International Regulatory Standard (Convention on the Rights of Child 2002). Community A group of individuals broader than households, who identify themselves as a common unit due to recognized social, religious, economic and traditional government ties or shared locality Compensation Payment in cash or in kind for an asset or resource acquired or affected by the project. Cut–off-Date A day on and beyond which any person who occupies land or assets, or constructs assets on land, required for project use, will not be eligible for compensation. The date is often the day the assessment of persons and their property in the project area commences Displacement Removal of people from their land, homes, farms, etc. as a result of a project‘s activities. Displacement occurs during the involuntary taking of lands and from involuntary restriction or access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of PAPs. Entitlements Compensation and other forms of assistance provided to displaced persons in the respective eligibility category. Environmental An environmental assessment instrument (document) which establishes a and Social mechanism to determine and assess future potential environmental and social Management impacts of productive investments under the proposed NEWMAP project, and Framework then to set out mitigation, monitoring and institutional measures (ESMF) to be taken during design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. This instrument has been prepared as a separate and stand-alone document to be used in conjunction with the RPF. Grievance The processes established (a) under law, local regulations, or administrative Procedures decision to enable property owners and other displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement, as well as (b) specific grievance processes put in place as part of the design of a project. Host Communities Communities receiving resettled people as a result of involuntary. resettlement activities Land Acquisition The process whereby a person is compelled by a public agency to alienate all or part of the land he/she owns or possesses, to the ownership and possession of that agency, for public purpose in return for a consideration. Lost Income Lost income opportunities refer to compensation to project affected persons Opportunities for loss of business income, business hours/time due to project Market Rate Highest rate over the last five years based on commercial terms. Market Value The most probable selling price or the value most often sought by buyers and sellers. It assumes buyers and sellers have reasonable knowledge, act competitively and rationally are motivated by self-interest to maximize

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satisfaction and both act independently and without collusion, fraud or misrepresentation Physical Loss of residential structures and related non-residential structures and physical Displacement assets because such structures / assets are located in the project area. Private property Persons who have legal title to structures, land or other assets and are accordingly owners entitled to compensation under the Land Act. Project Affected A person that loses assets and/or usage rights and/or income generation Person(s) capacities (e.g., land, structure, crops, businesses) because these assets/rights/capacities are located in land to be acquired or used, for needs of the project. Not all PAPs are displaced due to the Project, but all are potentially affected in the maintenance of their livelihood. Project-Affected A community that is adversely affected by the project. Community Rehabilitation The provision of development assistance in addition to compensation such as Assistance land preparation, credit facilities, training, or job opportunities, needed to enable Project Affected Persons and Displaced Persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-Project levels Replacement Cost The amount of compensation that would have to be paid to replace an asset including all cost associated with replacement of asset displaced by the NEWMAP project at the present time, according to its current worth. Resettlement Policy The present document, which is the overall Policy Framework for Framework (RPF) Compensation, Resettlement and Rehabilitation of Project Affected Persons for the PPP. The Policy Framework describes the process and methods for carrying out resettlement under the Project, including compensation, relocation and rehabilitation of project affected persons. Resettlement The resettlement action plans prepared for specific micro-projects. It is a Action Plan (RAP) resettlement instrument to be prepared when project activities are identified, that require land acquisition that leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. The RAP is prepared by the party impacting people and livelihoods in this manner and contains specific and legal binding requirements to be taken by that party to resettle and compensate the affected party before project activities causing this adverse impact are implemented. Resettlement The measures taken to mitigate any and all adverse impacts of the project on PAP‘s property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation Resettlement Support provided to people who are physically displaced by a project. This may Assistance include transportation, food, shelter, and social services that are provided to affected people during their resettlement. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such as moving expenses and lost work days. Right of Way Right to make a way over a piece of land, usually to and from another piece of land. Squatters Squatters are landless households squatting within the public / private land for residential and business purposes. ―special assistance‖ This refers to special efforts provided to the vulnerable physically challenged

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to vulnerable persons such as those with blindness, paralysis, difficulties with locomotion, people incapacity to work, etc., who are displaced by the project. The ―special assistance‖ must be given by qualified persons/relatives/agencies, capable of helping invalids by providing transitional support (e.g. moving expenses, temporary food supply, etc.) Vulnerable People who may by virtue of gender, ethnicity, age, physical or mental disability, Groups: economic disadvantage or social status are more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits.

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ABBREVIATIONS AND ACRONYMS ARAP - Abbreviated Resettlement Action Plan BIR - Boards of Internal Revenue BPE - Bureau of Public Procurement DAI - Disclosure and Access to information DP - Displaced Persons EA - Environmental Assessment ESIA - Environmental and Social Impact Assessment ESMF - Environmental and Social Management Framework ESMP - Environmental and Social Management Plan FGN - Federal Government of Nigeria FGD - Focus Group Discussion FMWR - Federal Ministry of Water Resources GRC - Grievance Redress Committee IDA - International Development Association ICP - Investment Climate Program CT - Information and Communication Technology PR - Intellectual Property Rights ITES - Information Technology Enabled Services LGA - Local Government Authority MDA - Ministry Departments and Agencies NGQ - Non-Governmental Organization PAD - Project Appraisal Document PAP - Project Affected Person PDO - Project Development Objective PIM - Project Implementation Manual PIU - Project implementation Unit RAP - Resettlement Action Plan ROW - Right of Way RPF - Resettlement Policy Framework SSI - Semi Structured interview WB - World Bank SPMU - State Project Management Unit

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EXECUTIVE SUMMARY

Introduction Nigeria faces severe problem of soil erosion and flooding, due to both human and natural causes. Over 6000km2 of land are affected by erosion and 3400km2 are highly exposed. Erosion has devastating effect on many people‘s lives and destroys essential infrastructure for economic development and poverty alleviation. Gully erosion contributes to environmental problems and damage large percentage of private and public infrastructure all over the country. This undermines economic growth and is a threat to the federal government of ―vision 202020‖

Recent assessment confirms that the scale of the problems transcends what communities, local governments, states and federal government can address without help from development partners. Consequently, the federal government (FGN) initiated the Nigeria Erosion and Watershed Management Project (NEWMAP) to provide an institutional platform for the management of gully erosion and flooding. The project is supported by financing from the World Bank, Global Environmental Facility and Special Climate Change Fund, and the Government of Nigeria. NEWMAP finances activities implemented by States and activities implemented by the Federal Government of Nigeria (FGN). The project currently includes nineteen (19) States namely Anambra, Abia, Cross River, Edo, , Ebonyi, Imo, Kogi, Delta, Oyo, , Plateau, Gombe, Sokoto, Nasarawa, Niger, Borno, and Akwa- Ibom.

Kogi State belongs to the second generation of participating states under the Kogi State NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT (KOGI NEWMAP). One of the intervention sites is the Agassa Erosion Gully in Okene L.G.A. To address the social and environmental safeguard concerns, at the national level, two instruments were prepared, namely: an Environmental and Social Management Policy (ESMP) and Resettlement Policy Framework (RPF) which complement each other. The RPF addresses potential adverse social impacts that might arise from resettlement of people affected by the project, while the ESMP addresses other possible harmful Social and Environmental effects of the project. This RAP and associate ESMP derives the RPF and ESMF into specific cost, measurable and monitor able action for the Agassa Gully intervention site.

Justification for RAP The RAP identified potential Project Affected Persons (PAPs) and engaged them in participatory discussions regarding the plan in order to adequately compensate them for their losses. Early reconnaissance/Scoping of the intervention site revealed that inhabitants shall be displaced. In compliance with the World Bank Operational Policy, OP 4.12, this RAP was prepared for managing the potential impact on displaced persons.

Aim of RAP The aim of the RAP is to identify and assess the human impact of the proposed works at the gully erosion site in Agassa and prepare an action plan to be implemented in coordination with the civil works in line with World Bank Policy and Nigeria Policies and Laws.

Site Description Agassa is situated on Latitude 07o 32‘33‖ and Longitude 06o 13‘25‖ (UTMWGS84) 193514.920ME & 834753.666MN. Agassa gully erosion site is a set of gullies located in about four (4) gully fingers around Agassa community in Okene LGA of Kogi State stretching from the Ahache area and extending to the central burial ground area and beyond. The area is typically sandwiched between hills with steep slopes.

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The gullies put together are about 3.5km with width varying from 2m to 5m and depth of 1m to 6m. The gullies have existed in the community for about 20years, and it is caused by uncontrolled development, unchecked water falls from the surrounding hills resulting in flooding and erosion. The erosion is therefore as a result of Human and Natural causes, namely: unplanned settlement, nature of soil, slope and lack of institutional intervention. Many residential buildings are likely to be destroyed and many are under serious threat of collapse. The access roads in the community are exposed to destruction and the gully has developed fingers. Urgent action is required at the site to salvage the environment, protect and preserve lives and properties.

The affected site enjoys ample rainfall. The annual rainfall ranges from 1000mm to 1300mm per annum. The vegetation is mostly Guinea Savannah. The geology of the area is basement complex comprising of granite, gneiss and biotite. Most of the inhabitants of the area are generally Ebiras with few populations of non-indigenes. Majority of the people are farmers, weavers and traders, the crop grown are mainly , , and beniseed.

The community is headed by a traditional ruler with the title of Onoba of Agassa with a strong attachment to His subjects and well loved by his people. There exists a popular masquerade festival called EKUECHI which is well celebrated around November of every year and Eche – Ane (festival of female) and EcheAhana (day singing festival) and festival.

Legal Framework for land Acquisition The legal framework for land acquisition in Nigeria is the Land Use Act of 1978 reviewed under CAP 202, 1990. The relevant World Bank operational policy (OP 4:12) which addresses land acquisition and involuntary resettlement was reviewed. The area of variations between the Land Use Act of 1978 and the World Bank‘s OP 4.12 are mostly on rehabilitation measures, which are neither proscribed nor mandated in the Act. Thus, it is noted in this RAP that in the course of project implementation, any divergence between the Laws in Nigeria and that of the World Bank‘s OP 4.12, the more beneficial to the project affected persons shall take precedence in the implementation of this RAP.

Census Cut-Off Date The established cut-off date to record the RAPs along the Agassa Gully Erosion corridor of work was 10th December, 2017, which was communicated to the PAPs and communities during the general stakeholders meeting. A letter of notice was distributed to all stakeholders through the Community Association Chairman to traditional rulers, Churches and Mosques. In the event of project delay for more than two years, there will be need to update the socio-economic survey carried out for this RAP.

Impacts of Proposed Work The major benefits of the project will occur in the form of improved erosion management and gully rehabilitation which will lead to: . Reduced loss of infrastructure including roads, houses etc. . Reduced siltation in rivers leading to less flooding and the preservation of the water systems for improved access to domestic water supply. . Reduced risks of flood . Restored vegetative cover, improved environmental conditions and more humid local microclimates, leading to improved habitat for wildlife and carbondioxide exchange . Environmental improvements due to land stabilization measures which preserve the landscape and biodiversity.

Conversely, the implementation of the intervention measures would induce some negative impacts on the people and their assets with regards to displacement. Based on the inventory carried out, a total of 241

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persons have been identified as Project Affected Persons (PAPs) made up of different categories of people whose structures and agricultural products shall be affected. Out of the total number of PAPs inventorised, forty 40 were identified as tenants.

Mitigation Measures The main objective of the RAP is to develop programmes that can improve the livelihoods of PAP‘s or restore them to the pre-displacement levels. To provide a safety net for all the PAPs and improve their livelihood until they become self-sufficient and resilient to economic stresses as they were before the project came or even better, appropriate mitigation measures and preparations of the entire resettlement process have been developed and shall be ensured. Specifically, the following mitigation measures shall be implemented: - PAPs shall be consulted before and during the implementation of this RAP to ensure their full participation in the RAP process. - PAPs shall be compensated in line with this RAP before actual project implementation. This implies that construction activities (displacement and demolition) will not take place until PAPs have been full compensated. - Assistance to PAPs / vulnerable persons shall be adhered to in line with the recommendations in this RAP. - RAP implementation including livelihood restoration measures shall be monitored by the SPMU to ensure that PAPs and the vulnerables are restored to the pre-project social conditions. - Grievance redress shall be given high priority in this project. For the vulnerable, priority shall be given in all mitigation measures relating to them. Stress to this group shall be avoided. Where mitigation measures include physical preparation of site as appropriate assistance support and protection shall be provided to help them overcome difficulties in the process.

In order to adequately mitigate the negative impacts on the PAPs, the cost of the possible damage to assets have been calculated by generating current market values and estimates for how much it would cost to replace or repair affected assets including transaction costs where applicable. Unit costs were primarily calculated using information from the local market. A register has been prepared for the PAPs with regard to their losses and compensation.

Public Participation Public participation in the RAP included consultations and communication. Consultation include a two- way process in which ideas about the project and concerns of stakeholders and the project designers were shared and considered mutually by affected populations and other stakeholders. Communication included the dissemination of information of NEWMAP activities to the concerned public, the project affected persons and other relevant issues.

Resettlement of PAPs and Livelihood Restoration The PAPs were informed of the range of different mitigation measures/compensation package, resettlement assistance, and livelihood improvement options available to them and were given the opportunity to express their preferences. This option-based resettlement planning is part of a development approach that aims to ensure that the PAPs are able to reconstruct their production foundations and become self-sustaining, at least to pre-intervention work level. The PAPs have agreed to move out of the setbacks of the gully corridor for the work and also to the various resettlement benefits which are to be provided to improve their means of livelihood or restore to it to pre-impact status.

RAP Coordination and Implementation The implementation of the RAPs shall require close collaboration among all the stakeholders with a mutual understanding struck at the beginning. The institutional arrangement has been pragmatically

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designed to involve relevant Stakeholders with the SPMU as the project implementer. Federal Ministry of Environment as well as other relevant Federal and state MDAs and World Bank concerned with erosion and watershed management shall be involved as designed in the arrangement for implementation. Also, the RAP implementation committee made up of representatives of the local government, local communities and PAPs, Site committees, trade Union/NGO, lands and survey with support from the social Safeguard Specialist of the SPMU shall ensure adequate handling of the resettlement issues.

No civil works contracts for the proposed rehabilitation work shall be initiated unless land is free of any encumbrance. The major component tasks and schedule for the RAP implementation have been developed in the RAP.

Major Component Tasks and Schedule for the RAP Implementation

ACTIVITIES 2017 2018 2019 REMARKS

NOV DEC JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC JAN FEB MARCH APRIL MAY JUNE Consultation Nov2017- /community March 2018 participation and information to people affected cut-off date announcement census and survey analysis

date and verification of

impacts

RAP Approval April - August

2018

Disclosure of RAP Sept. – Oct.

2018 RAP implementation Nov. 2018 including payment of compensation and or

supplementary

assistance Implementation/ civil Nov. - Feb

work, commencement 2019

of project

Mark-up visit by March 2019

stakeholder/SPMU

Economic Restoration April - June

Assessment 2019

Strengthening Organizational Capability Based on the interaction with the relevant stakeholders, assessment and determination of the characteristics of all project affected persons (PAPs), valuation of assets to be compensated a well as the assessment of the institutional capacities of the different parties involved in the RAP implementation, areas of awareness creation and training/capacity building have been identified. It is the responsibility of the Social Safeguard Officer to ensure that all identified stakeholders are trained accordingly.

Budget Estimate

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The total cost implication for the implementation of the RAP is Forty Million, One Hundred and Thirty- Nine Thousand, Four Hundred and Ninety Naira (N40,139,490.00) only. In the table below, this sum is expected to cover compensation of assets affected and additional mitigations for livelihood restoration measures coordination of additional mitigation, grievance management and compensation commission. In addition, a provision of 10% contingences was added to amount to the overall cost such as inflation that shall be allowed and added to the current budget.

SPMU is the source of this fund for the payment of the necessary compensation and mitigation measures while, overall financial cost for compensation shall be made by issuing cheque which can only be cashed after no dispute arises on the ownership and any other claim.

Budget Estimate for the RAP Implementation S/No. Item Cost (N) Total (N) A1 Compensation: Agricultural Crops 370,000.00 Structures 28,170,900.00 Sub-total 28,540,900.00 B Additional Mitigation Livelihood measures/assistance for 624,000.00 vulnerable group Grievance Redress Management 100,000.00 Sub-total 724,000.00 C Implementation Compensation commission: cost of 320,000.00 transportation, accommodation and feeding Capacity building/Institutional 6,240,000.00 strengthening Disclosure 500,000.00 Management 200,000.00 Sub-total 7,260,000.00 E Add Contingencies (10%) 3,615,490.00 Grand Total 40,139,490.00

Grievance Redress Mechanism The likelihood of dispute is much reduced because the PAPs and other relevant stakeholders have been consulted and were part of the entire process of identifying PAPs and generating the market values for the various assets. Nevertheless, in the event of any dispute, a conflict resolution mechanism has been designed for the RAP implementation. This mechanism makes the judicial system the least desirable and last resort to redress the issues if informal conciliation does not resolve the matter.

During training and Sensitization of PAPs to be carried out by the SPMU before compensation and implementation, PAPs will be informed that their rights to expression of grievances should be exercised on or before fifteen (15) days of the date of compensation payment. After this date, no other grievance case(s) shall be admitted. Conversely, cheques issued to PAPs will not be valued until the end of 15 days from date of receipt of cheque.

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After due interaction with the PAPs and relevant stakeholders, the following persons were recommended to constitute the GRC: Community Head (Traditional Ruler) —as Chairman of the Committee, Site Committee member, PAPs Representative, local government desk officer, local government land officer and SPMU as members shall be formed to hear complaints and facilitate solutions so as to promote dispute settlement through mediation to reduce litigation.

Monitoring and Evaluation In order to successfully complete the resettlement management as per the implementation schedule and compliance with the policy and entitlement framework, there would be need for monitoring and evaluation of the RAP implementation. Monitoring and evaluation will be a continuous process and will include internal and external monitoring. SPMU shall play a key role in reporting the progress of implementation as well as compliance to the World Bank.

Disclosure The RAP shall be disclosed in-country to the general public for review and comment before it is approved by the Bank at designated locations and in World Bank communication info shop.

Conclusion The proposed project, upon completion, will benefit the community. The potential impacts are limited and will make the PAPs better than the pre-project stage. Grievances will be minimized, and provision made to address any in the course of implementing this RAP.

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CHAPTER ONE INTRODUCTION

1.1 Background Soil Erosion in Nigeria has been a major environmental problem resulting in extensive impacts including loss of human life and assets (e.g., roads, drainage, housing, farmlands, community assets, silted waterways, and port). In fact, there is an estimated yield reduction of about 30 to 90 percent and almost 5% loss in GDP. These gullies, along with other forms of land degradation such as sheet erosion, can undermine the progress made on economic growth and poverty alleviation in the country.

To solve the erosion problem, the Federal Government of Nigeria initiated the Nigeria Erosion and Watershed Management Project (NEWMAP). The project is supported with financing from the World Bank, Global Environment Facility, and the Special Climate Change Fund, and the Government of Nigeria. NEWMAP finances activities implemented by states and the Federal government. The project currently includes nineteen (19) States namely Anambra, Abia, Cross River, Edo, Enugu, Ebonyi, Imo, Kogi, Delta, Oyo, Kano, Plateau, Gombe, Sokoto, Nasarawa, Niger, Borno, Katsina and Akwa-Ibom.

The lead agency is the Department of Erosion Control, Flood and Coastal Zone Management of the Federal Ministry of Environment (FME), State and local governments, multi-sector operation involving MDAs concerned with water resources management, public works, agriculture, regional and town planning, earth and natural resources information, and disaster risk management. NEWMAP has four key components, namely - Erosion and Watershed Management Investments, Erosion and Watershed Institutions and Information Services, Climate Change Agenda Support and Project Management. Generally, the project employs a sustainable and holistic approach of combining Engineering Watershed Management and livelihood support solutions in tackling Erosion issues.

The Project Development Objective (PDO) of NEWMAP is: to rehabilitate degraded lands and reduce longer-term erosion vulnerability in targeted areas. At State level, NEWMAP activities involve medium- sized civil works, such as construction of infrastructure and/or stabilization or rehabilitation in and around the gullies themselves, as well as small works in the small watershed where gullies form and expand. These works trigger the World Bank‘s Safeguard Policies including Environmental Assessment OP 401; Natural Habitats OP 4.04; Cultural Property Op 11.03; Involuntary Resettlement OP 4.12 Safety of Dams OP 4.37; Pest Management Safeguard Policy Op 4.09; and Projects on International Waterways OP 7.50.

1.2 The Need for the Resettlement Action Plan for the Proposed Project The proposed project triggers World Bank (WB)‘s Operation Policy, OP 4.12 on Involuntary Resettlement in that it requires acquisition of land as well as restrictions of access in areas bordering the gully edges.

For WB supported projects, any project that causes displacement of any sort must be subjected to the requirements of its Operational Policy, OP 4.12, on Involuntary Resettlement. It is in pursuant to this that this RAP was prepared as part of the World Bank‘s Environmental and Social Safeguard Policies.

The RAP identified the potential Projects Affected Persons (PAPs), affected / loss assets and engaged them in participatory discussion regarding the plan in order to adequately compensate them for their losses

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1.3 The RAP and other Safeguard Instruments NEWMAP investments include a strategic combination of civil engineering, vegetative land management and other catchments projection measures, and community-led adaptive livelihood initiatives. The sustainability of these investments will be reinforced by strengthening institutions and information services across sectors and states, including support to improve governance, regulatory compliance, environmental monitoring, impact evaluation, catchments and land use planning, and to strengthen Nigeria‘s capacity to promote and implement climate-resilient, low-carbon development.

The environmental and social safeguards concerns are being addressed through two national instruments already prepared under the project: An Environmental and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF). These framework instruments need to be translated into specific cost, measurable, and monitor able actions for specific intervention sites through the preparation of site- specific management and action plans.

ESMF — In general, the ESMF specifies the procedures to be used for preparing, approving and implementing (a) Environmental and Social Assessments ESAs (b) Environmental and Social Management Plans (ESMPs. ESMPs are essential elements for Category B projects.

RPF - The RPF applies when land acquisition leads to the temporary or permanent physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources due to project activities. It sets out the resettlement and compensation principles, organizational arrangements and design, criteria to be applied to meet the needs of project-affected people (PAP), and specifies the contents of a Resettlement Action Plan (RAP) for each package of investments. A Resettlement Policy Framework (RPF), which serves as a practical tool during the programme formulation, design, implementation and monitoring, was prepared for NEWMAP which serves as a guide for the present terms of reference (See Appendix 3).

The activities of Component 1 will involve civil works in specific intervention sites — that is; construction of drainage works and/or rehabilitation of gullies. This could result in the acquisition of land or displacement of families, business or public infrastructure, thus triggering the World Bank OP 4.12 - Involuntary Resettlement.

Against this background, Kogi State, under the Nigeria Erosion and Watershed Management Project (KSG-NEWMAP), represented by the State Project Management Unit (SPMU) is preparing a Resettlement Action Plan (RAP) for the project.

1.4 Aim and Objectives of the RAP The aim of the RAP is to identify and assess the human impact of the proposed works at the Gully erosion sites in Agassa community, and to prepare an Action Plan to be implemented in coordination with the civil works in Line with World Bank safeguards Policy and Nigeria policies and laws. The specific objectives of the RAP are to: a. Conduct a census survey of impacted persons and valuation of assets affected; b. Consult with the affected community and agencies; c. Ascertain the number of vulnerable persons among PAPs and design livelihood restoration measures suitable to addressing their economic sustenance; and d. Describe compensation and other resettlement assistance to be provided to restore livelihood to pre-displacement level.

1.5 Scope of Services and Task of the RAP The tasks performed during this RAP preparation include the following:

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1. Describe the project and components for which land acquisition and resettlement are required, and an explanation of why a Resettlement Plan is required. 2. Legal analysis and framework, reviewing the Nigerian Laws and regulations and the World Bank Policy requirements and measures proposed to bridge any gaps between them. 3. Conduct a census and declaring a cut-off date. 4. Estimate population displacement and categories of displaced persons to the extent feasible. 5. Determine eligibility criteria and entitlement matrix for defining various categories of displaced persons and entitlement. 6. Undertake valuation of affected assets, both natural and built assets. 7. Compensate and assist persons based on the overall principle that affected people shall not suffer net losses as a result of the project. 8. Describe possible mechanisms for transitional costs (such as moving expenses) and for restoring livelihoods where they are adversely affected. 9. Organize procedures for delivery of entitlements, a description of the implementation process, linking resettlement planning and implementation to both civil works and livelihood strategies. 10. Describe grievances and redress mechanisms that take into account the need for (a) registration of grievances; (b) prompt and transparent action on grievances; (c) due process; (d) opportunity for appeal; and (e) avoidance of legal proceedings to the extent possible. 11. Describe arrangements for funding resettlement activities including the preparation and review of cost estimates, the flow of funds and the contingency arrangements. 12. Develop an institutional matrix that clearly identifies all the agencies, public or private, that will be involved in the resettlement project, their respective roles, the budget allocated to each and the legal arrangements to be made. 13. Describe mechanisms for consultations with, and participation of displaced persons in planning, implementation and monitoring. 14. Describe the processes of monitoring, verification and evaluation required for effective implementation of the resettlement process.

1.6 Guiding Principles. The following principles have guided the resettlement planning process for Agassa gully erosion site: a. World Bank Safeguards Policy b. Nigerian law and international best practices guide. c. Implement a world-class resettlement process. d. Process was driven by consultation and participatory planning e. Compensation with replacement value and restore livelihoods at a minimum f. Design compensation framework, replacement assets and livelihood restoration to ensure sustainable benefit g. Provide modern replacement assets and enable community continuity

1.7 The Methodology of RAP Preparation The approach adopted for the RAP design was in accordance with the applicable World Bank safeguard policies, Nigerian guidelines/laws and Terms of Reference (TOR). The methodology essentially entails literature review including the review of the RPF, ESMF prepared for the NEWMAP. Other steps taken by the Consultant in the preparation of the RAP are: baseline studies, public consultations, mapping of the location of the affected assets using the real time differential GPS, census of PAPs, valuation of affected assets and determination of the entitlement and eligibility matrixes. Detailed explanation of the methodology employed in this RAP is provided in appendix 4.

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1.8 Structure of the RAP Report The RAP is presented in ten chapters as indicated below: Chapter One: General Background Chapter Two: NEWMAP Project Components and Description of Intervention Site Chapter Three: Census and Socio-Economic Survey Chapter Four: Impact of the Project Chapter Five: Existing Legal Framework Chapter Six: Valuation and Compensation and other Resettlement Assistance Chapter Seven: Public Participation and Consultations Chapter Eight: RAP Implementation and Consultations Chapter Nine: Grievance Redress Mechanism Chapter Ten Monitoring and Evaluation

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CHAPTER TWO DESCRIPTION OF THE PROPOSED PROJECT AND SOCIO- ECONOMIC BASELINE CONDITIONS

2.0 Introduction This chapter contains the overall components of NEWMAP and a brief description of the proposed intervention site. The Corridor Map of the Site (Map 2.7) and other related maps were also presented.

2.1 Description of NEWMAP Components NEWMAP has four components as outlined in Table 2.1 and described below.

Table 2.1: Main NEWMAP elements, activities and outcomes Component I Component 2 Component 3 Component 4 Title Watershed and Watershed and Climate Change Project Catchment Catchment Agenda Support Management. Management Management Investments Institutions and Information Services Sub- components 1A Flood Water 2A Federal 3A Policy and Containment MDA Institutional and Sub- Effectiveness Framework. Watershed and Services. Rehabilitation. 3B Low Carbon 2B State MDA Development. 1B Integrated Effectiveness and Catchment Services. Management 2C Local 1C Adaptive Government Livelihoods Capacity. 2D Private Sector Capacity. Main activities Control Agassa Strengthen the Strengthen Procure goods gully erosion sites Enabling government and specialist and conduct environment for capacity to services to support Community- effective erosion promote low project based and catchment carbon, climate management, catchment management. resilient safeguards, interventions, development. M&E and oversight. Main outcome Erosion More capable, Government to Establish controlled through modernized and be better systems for project Engineering works coordinated equipped to management, and priority sub- Federal, State and respond to climate M&E and best watershed Local institutions. change, practices for rehabilitation and and low-carbon future replication. more secure development livelihoods and options catchment demonstrated. services established.

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

2.2 Kogi State and Description of Proposed Intervention Site The state was created on 27th August 1991, with its administrative headquarters in Lokoja. It is structured into 21 LGAs. The main indigenous ethnic groups that make up the state include, Igala, Ebira, Okun, BassaKomo, BassaNge, Kakanda, Kupa, Ogori, Nupe, Oworo etc., while other groups from other parts of Nigeria such as the Igbo, Hausa, Edo etc, are also domiciled in the state. The four major languages spoken as first language in Kogi State include lgala, Ebira, Yoruba and Nupe. The official language among the many ethnic groups remains English.

Kogi state lies within latitude 7.49°N and longitude 6.45°E and is one of the states in the identified geopolitically as the north central zone. It has a total land area of 28,313.53 square kilometres. It shares common boundaries with ten (10) states and the Federal Capital Territory (FCT). To the North, it shares boundaries with Niger, FCT, and Nassarawa; to the West, by Kwara, Ekiti, Ondo, Edo, and Delta; while to the East, by Benue, Anambra and Enugu.

Kogi State has a geological feature depicting young sedimentary rocks and alluvium along river beds, which promotes agricultural activities. The state features ferrasols soil type and famous hills like hills, which spread from to the western part of Kogi State, and Aporo hill on the eastern part. Another famous hill is Mount Patti, which lies in Lokoja and stands at about 750 metres above sea level.

Kogi state has an average maximum temperature of 260C and an average minimum [temperature of 22OC, while the annual rainfall ranges from 1016 mm to 1524 mm. The State has two distinct weather, the dry season which last from November to February, and rainy season, which last from March to October. The vegetation of the state consists of mixed leguminous (guinea) woodland to forest savannah, and has a wide expanse of Fadama in the river basin and long stretches of tropical forest in the western and southern belt of the state.

2.3 Site Description Agassa is situated within Latitude 07o 32‘33‖and Longitude 06o 13‘25‖ UTM (WGS84) 193514.920ME & 834753.666MN. Agassa gully erosion site is a set of gullies located in about four (4) gully fingers around Agassa community in Okene LGA of Kogi State, stretching from the Ahache area and extending to the central burial ground area and beyond. The area is typically sandwiched between hills with steep slope.

The gullies put together are about 3.5km with width varying from 2m to 5m and depth of 1m to 6m. The gullies have existed in the community for about 20years and it is caused by uncontrolled development, unchecked water falls from the surrounding hills resulting to poor drainage control. The erosion is therefore a result of human and natural causes namely unplanned settlement, nature of soil, slope and lack of institutional intervention. Many residential buildings are likely to be destroyed and many are under serious threat of collapse. The access roads in the community are exposed to destruction and the gully has developed fingers. Urgent action is required at the site to salvage the environment, protect and preserve lives and properties.

The affected site enjoys ample annual rainfall, which ranges from 1000mm to 1300mm per annum. The vegetation is mostly Guinea Savannah. The geology of the area is basement complex comprising of granite, gneiss and biotite. Most of the inhabitants of the area are generally Ebiras with few populations of non-indigenes. Majority of the people are farmers, weavers and traders, and the crops grown are mainly yam, cassava, maize and beniseed.

The community is headed by a traditional ruler with the title of Onoba of Agassa with a strong attachment to his subjects and well loved by his people. There exists a popular masquerade festival called EKUECHI, which is well celebrated around November of every year. There are also Eche–Ane (festival of female), EcheAhana (day singing festival) and Okehi festival.

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

Map 2.1: Map of the World Map 2.2: Map of Africa

st Kogi State

Map 2.3: Map of Nigeria Showing Kogi State Map 2.4: Map of Okene Local Government

Map 2.5: Map of Kogi State Showing Okene Local Government Area

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

SOKOTO

KANO

GOMBE

PLATEAU

OYO

KOGI ANAMBRA

EDO

ENUGU

EBONYI

ABIA RIVER CURRENT NEWMAP STATES DELTA IMO

CROSS

ABIA

Map 2.6: Current NEWMAP States

Map 2.7: Corridor Mapping of Agassa Gully Erosion Site at Okene, Kogi State (See Full Size in Appendix 7)

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

2.4 Geology, Relief and Drainage of Targeted Site Geology: Kogi State has two main rock types, namely, basement complex rocks of the Precambrian age in the western half of the state and extending slightly eastwards beyond lower Niger valley and the older sedimentary rocks in the eastern half. The geology of the area is mostly sedimentary terrain comprising of clay, fine grains and sand stones. The various sedimentary rock groups extend along the banks of Rivers Niger and Benue and south-eastwards through Enugu and Anambra States to join the Udi Plateau.

Relief and Drainage: The land rises from about 300 meters along the Niger Benue confluence, to the heights of between 300 and 600 meters above sea level in the uplands Agbaja Plateau, which ranges from - 335 to 366 meters above sea level, and the much higher Okoro-Agbo hills at Ogidi in ljumu LGA are some of the predominant landforms of the State. The State is drained by the Niger and Benue Rivers and their tributaries.

The confluence of the Niger and Benue Rivers which could be viewed from the top of Mount Patti is located within the State. The is navigable as far as Garua in the rainy season floods, but up to Makurdi in in the dry season (Iloeje, 1979).

The Maboro (Anambra) is the biggest River in Igala land. Maboro, Okura, Ubele and Ofu Rivers run off the , , Otukpo watershed. Osomera falls at Kilometre 4 on Okene - Road, Ofejiji falls in Okura-Olafia and Egeneja warm spring in Bassa Local Government Area are other drainage features (Benue State, 1985).

The bigger rivers have wide flood plains such as the portion of the lower Niger in Kogi State, which is more than 1,600 meters wide at Lokoja, while the small streams have narrow valleys. The general rain is undulating and characterized by high hills, plateau and numerous inselbergs and elongated ridges.

Climate: The State has an annual rainfall of between 1,100mm and 1,300mm. The rainy season lasts from April to October, and the dry season which lasts from November to March is very dusty and cold as a result of the north-easterly winds, which heralds the harmattan.

Soils: The flood plains of the Niger and Benue River valleys in Kogi State have the hydromorphic soils which contain a mixture of coarse alluvial and colluvial deposits (Areola, 1985). The alluvial soils along the valleys of the rivers are sandy, while the adjoining laterite soil is deeply weathered and grey or reddish in colour, sticky and permeable.

Vegetation: The vegetation is mostly of Guinea Savannah. The rain forest belt (selva type) covers Dekina, Ofu, Ankpa, , ldah and Bassa Local Government Areas with rich deciduous and occasional stunted trees including palms, iroko, mahogany, akee apple and other towering trees. Other LGAs are in the guinea savannah or parkland savannah belt with tall grasses and some trees.

These are green in the rainy season with fresh leaves and tall grasses, but the land is open during the dry season, showing charred trees and the remains of burnt grasses. The trees which are in clusters are up to six meters tall, interspersed with grasses which grow up to about three meters.

These trees include locust bean, Shea butter, oil bean and the isoberlinia. The different types of vegetations are, however, not in their natural luxuriant state owing to the careless human use of the forest and the resultant derived deciduous and savannah vegetation.

Ecological Problems: The ecological problems in the state are not necessarily peculiar to it. Some of these include leaching, erosion and general impoverishment of the soil. These problems are compounded by the annual bush burning of the savannah that further exposes the top soil to more erosion. Floods pose a

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

problem on the flood plains during the rainy season, while aridity is a problem to several areas at short distances from the rivers during the dry season. Much damage is done to land and property as a result of these phenomena

Education: Kogi State is home to the Federal University Lokoja, Kogi State University, Anyigba, Federal Polytechnic, ldah, Kogi State Polytechnic, Lokoja, Federal College of Education, Okene, College of Education, Ankpa, College of Agriculture, , Kogi State College of Education, Technical (Kabba), and Salem University. Others are college of Nursing and Midwifery in Obangede, School of Health Technology in ldah and ECWA School of Nursing in .

Demographics: The result of the 2006 Census shows that there are a total of 3,314,043 persons in Kogi State among whom 1,672,903 are males while 1641,140 are females. Annual population growth rate in Kogi State is 3.2% (NPC, 2007).

Table 2.2: The population of Kogi State by Local Government Areas Name Status Population Population Population Census Census Projection 1991-11-26 2006-03-21 2016-03-21 Kogi State 2,147,756 3,314,043 4,473,500 Adavi Local Government Area 157,092 217,219 293,200 Ajaokuta Local Government Area 97,904 122,432 165,300 Ankpa Local Government Area - 266,176 359,300 Bassa Local Government Area 88,496 139,687 188,600 Dekina Local Government Area 177,513 260,968 352,300 Local Government Area - 127,572 172,200 Local Government Area - 79,755 107,700 Igalamela-Odolu Local Government Area - 147,048 198,500 Local Government Area 66,603 118,593 160,l00 Kabba/Bunu Local Government Area - 144,579 195,200 Kogi Local Government Area 82,483 115,100 155,400 Lokoja Local Government Area - 196,643 265,400 Mopa-Muro Local Government Area - 43,760 59,100 Ofu Local Government Area 108,095 191 ,480 258,500 Ogori/Magongo Local Government Area - 39,807 53,700 Okehi* Local Government Area 146,264 223,574 301,800 Okene Local Government Area - 325,623 439,500 Olamaboro Local Government Area 104,705 158,490 213,900 Omala Local Government Area - 107,968 145,700 Local Government Area 88,780 147,641 199,300 Local Government Area 76,936 139,928 188,900 Nigeria Federal Republic 88,992,220 140,43179011 193,392,500 Source: National Population Commission of Nigeria (web), National Bureau of Statistics (web).

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CHAPTER THREE CENSUS AND SOCIO-ECONOMIC SURVEY

3.1 Introduction The socio-economic conditions of the PAPs in Agassa gully project activities are summarized in this Chapter. Socio-economic survey was premised on the PAPs along the corridor of the Agassa gully erosion site with a view to determining their socio-economic conditions, and how the project stands to impact them.

The survey, had several primary objectives which include: • To inform the affected population about the proposed intervention work; • To announce the kick-off and cut off-date for capturing those affected by the proposed project who are along the zone of impact; • To obtain feedback from the affected population about the intervention work; • To establish the social profile of the affected population along the corridor; • To record/update the base line situation of all affected people; • To identify the affected households, individuals and assets; • To identify vulnerable individuals or groups; • To record all assets and impacts within the ROW (setback from edge of gully).

3.2 Census Cut-Off Date The Census Cut-Off Date refers to the date after which PAPs will NOT be considered eligible for compensation, i.e. they are not included in the list of PAPs as defined before the end of socio-economic survey of the PAPs.

The census commenced with the announcement of the kick-off date on November 27, 2017. Following the conclusion of the census on December 10th, 2017, the cut-off date was declared to be December 10, 2017, after which no newly arrived persons or families will be eligible for resettlement benefits. In addition, improvements to housing etc. made after the date will not be eligible for compensation (repairs, such as fixing a leaky roof, are permissible). The cut-off date was announced and made known through appropriate traditional means of reaching-out during the community awareness campaigns at site level and through the local government.

The cut-off date was intended to prevent speculation and rent-seeking in order to become eligible for additional resettlement benefits. This is bearing in mind the period between the cut-off date and the time actual productive investments would start, and that only after PAPs have been compensated according to the requirements of this RAP. Nevertheless, if works are not initiated two years or more elapsed after declaration of a cut-off date, an updated census and evaluation of properties/assets must be carried out.

3.3 Data Analyses and Interpretation Specifically, the following thematic socio-economic indicators were included in the survey: gender, age distribution; marital status; nature of trade/occupation of vendor/PAPS; income category, etc. The data analyses and interpretation focus on the socio-demographic background information of respondents, identified Project Affected Persons (PAPs) and affected assets.

3.3.1 Analyses of Persons (Respondents) Interviewed A total of 200 questionnaires were administered to community members including identified Project Affected Persons across the length of the gully corridor. The respondents refer to any person considered to live or do businesses in the communities in the gully site areas who may not necessary be affected. Project affected persons are those actually affected by the project. It is important to note that the impact

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of project activities on the sources of livelihood of PAPs along the gully corridor vary among them. While some are directly affected (those within 5m from the edge of the gully), others are not, (such as those within general watershed area).

The response of those met or to whom questionnaires were administered provided an average idea of the prevailing situation in the proposed project area. Therefore, it is believed that the information provided by these categories of people are accurate about the businesses they represent/operate or property/asset they own or represent.

3.4 Socio-Economic Data Results and Discussions A number of field studies were carried out to gather additional information on the baseline social conditions that may potentially be affected during project implementation and operation. This involves inventory of project affected persons, especially the individuals/communities/vulnerable groups, physical based assets, including administration of questionnaire and oral interviews to gather other relevant social data.

A social/economic survey was carried out to obtain relevant baseline social and economic data to complement information earlier obtained from consultations. This essentially involved structured public/community consultations (Nos. 5) and focal group discussions (FGDs) to reveal other underlying social issues that may affect and or assist in the implementation.

Some of the topics included are: a. Demographic structure of the community; b. Leadership patterns and political process; c. Family structure; d. Services available in or near the community: schools, health facilities, credit facilities, religious organizations, government agencies; e. Debit/credit relationships; f. Existing organizations (e.g. age grades, religious groups) and capacity for community actions; g. Conflicts and divisions (ethnic, religious. etc.) within the community or between communities; h. Important local customs and festivals; i. Educational levels; j. Permanence of the community; k. Primary forms of livelihood; l. Community attitudes towards erosion and drainage; m. Relevant aspects of gender relations; women‘s vs. men‘s roles.

3.4.1 Agassa Household Demographics The demographics of the households living in Agassa include the gender distribution of the households, their marital status, and level of education attained, literacy status, household size, and gender distribution of household members. The results obtained are presented in relevant charts and tables below (Please see Appendix 4.1).

3.4.2 Gender Distribution and Marital Status The gender distribution of the household heads in Agassa watershed showed that 69 percent were males and 31 percent were females. The analysis of the marital status of the household heads showed that 94.9 percent were married, while 0.5 percent were singles. Also, 1 percent is divorced, while 3 percent are separated. Others (no response) are 0.6 percent. See Figures 3.1 and 3.2 respectively for more details.

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GENDER MARITAL STATUS

MALE FEMALE 100 80 94.9

60

40 31% MARITAL 20 STATUS 0.5 1 3 0.6 0 69%

Figure 3.1: Gender distribution of household heads in Agassa Figure 3.2: Marital Distribution of Household heads in Agassa

3.4.3 Family Size and Average Age of Household Members The average age of household heads in Agassa was about 54 years (Figure 3.3). The minimum was 22 years, while the maximum was 100 years. The implication of the above are in two folds: (1) there is no child headed household heads in the community, (2) elderly persons (above 65 years old) represent about 70 percent of the household heads in the community. This age grade constitutes the vulnerable group which Kogi NEWMAP may need to pay more attention to (where need be) during the implementation of RAP. Furthermore, the age of dependants in households is captured in Figure 3.4 below.

AGE OF HOUSEHOLD HEADS AGE OF DEPENDENT HOUSEHOLD MEMBERS 40 35 45 30 40 25 35 20 30 15 25 20 10 15

5 Percentage Age 10 0 5 20 - 36 - 51 - 66 - 81 - 96 - 0 35 50 65 80 95 110 0 - 9 10 - 19 20 - 29 30 - 39

Figure 3.3: Average Age of Household Heads in Agassa Figure3.4: Average Age of Dependent Household Members in Agassa

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FAMILY SIZE

0 - 4 5 - 9 10 - 14 15 & Above

5% 20%

25%

50%

Figure 3.5: Percentage Distribution of Family Size

3.4.4 Educational Level and Literacy Status The analysis of the educational level of the household heads and their literacy status is presented in Table 4.6 and Figure 4.1 respectively. The result obtained showed that only about 33 percent of the household heads in the project area had completed secondary school education, and about 17 percent completed primary education. There were also about 20 percent who had completed tertiary education, while about 26 percent had no formal education. Less than 5 percent of the household heads in the area on the average or about 21 percent in Agassa had undergone vocational training. The literacy status of the family heads on the other hand showed that about 87 percent are literate, while only about 13 percent or approximately 1 in 10 are illiterates or cannot read nor write.

Educational Level Literacy Status

40 20 0 Literate Educational Level Illiterate

Figure 3.6: Highest Educational Level of Figure 3.7: Highest Educational Level of Household Members in Agassa Household Heads in Agassa

3.5 Agassa Socio-economic Characteristics The socio-economic characteristics of the households in Agassa analysed in this section include the major occupation of the household heads, family income from both the heads and contribution from other family members including transfer payments from relations, and average household expenditures on major items on per capita basis.

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

3.5.1 Major Occupation of Household Heads The analysis of the distribution of household heads by occupations types in Agassa area showed that about 36 percent are engaged in trading or business, 25 percent are civil servants, about 16 percent are farmers, while about 14 percent are artisans. See Table 4.7 for more details on the occupation types in the catchment area.

Distribution by Occupation Type in Agassa

100 80 60 40 20 Distribution by Occupation Type 0 in Agassa

Figure 3.8: Distribution of household heads by Occupation Type in Agassa

3.5.2 Household Income and Expenditure The unadjusted average per capita monthly income of households in Agassa is about N8,925, while the range is about N94,231, which is indicative of a high disparity in income levels among households living in the catchment area. Furthermore, the median per capita income in the area is about N7,075, which implies that about 50 percent of the households earn this amount or below, while another 50 percent earn incomes above this level monthly per head (see Table 3.8).

The household income and expenditure summaries in Table 4.9 below shows that the monthly per capita total expenditure in Agassa is about N6,444, while the median expenditure for the households within the catchment is about N6000. In the same vein, the monthly per capita food expenditure in the area is N2,693, while the median is N2000 monthly per head. See Table 3.9 below for more details on the monthly income and expenditure of households in Agassa catchments area.

3.5.3 Land and Other Resources: Ownership and Use The land and other resources ownership and uses cover the following analysis: the reasons why households chose to live in the catchment, the housing types and materials used in housing construction as a measure of the quality of housing, methods of farmland acquisition, types of crops grown, problems faced and land use intensity measured by the frequency of land use and visits. Other analyses include household farming experience, major uses of non-agricultural land, major water sources, rain harvesting method adopted by households that depend on this source and their satisfaction with water obtained from their main sources. The detailed analysis is presented in relevant tables and subsections below.

3.5.4 Household Residency and Housing Quality The analysis of the reasons for households residency in Agassa showed that about 90 percent of the households chose to live in that catchment because it is their ancestral home. Less than 10 percent are in the watershed for business reasons, while about 2 percent hold some form of employment in the catchment. See Figure 3.10 below for more details.

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

100

50

0 Ancestra Business Home Place of Location Others Employment Total

Figure 3.9: Households‘ reasons for residing in Agassa catchments

HOUSING: Majority of the houses in the community are bungalows - predominantly old structures - with little or no modern facilities. Some of the buildings in the area are made up of mud and corrugated roofing sheets. The buildings are of single room type as shown in table 3.10 below.

Types of Houses Occupied

100 80 60 40 20 Types of Houses Occupied 0

Figure 3.10: Types of Houses Occupied by Households in Agassa

3.5.5 Awareness of Proposed Project Many (87.5%) of the respondents are aware that work is about to start on the gully corridor and see it as a welcome development while 5% are not aware and 7.5% are not sure.

100 .

50

0 Yes No Not Sure

Figure3.11: Awareness of Proposed Project

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

3.5.6 Response on Desirability of Proposed Project Majority (90%) desire the proposed project. Ten percent (10%) of them are not sure whether they desire the proposed project. No respondent answered emphatically ‗no‘.

- 100

80

60

40

20

0 Yes No Not Sure

Figure 3.12: Desirability of Proposed Project

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

CHAPTER FOUR IMPACT OF THE PROJECT 4.1 Introduction The inventory of assets and analysis carried out in the course of preparing this RAP identified project impacts hereby classified into positive and negative impacts..

4.2 Positive Impacts of the Project The major benefits will occur in the form of improved erosion management and gully rehabilitation which will provide for: • Reduced loss of infrastructure including roads, houses, etc. • Reduced loss of agricultural land and productivity from soil loss caused by surface erosion. • Reduced siltation in rivers leading to less flooding and the preservation of the water systems for improved access to domestic water supply. • Reduced risks of floods (due to reduced siltation) • Progressively restored vegetative cover, improved environmental conditions and more humid local microclimates. This results in increased vegetation cover for wildlife and carbon sequestration. • Environmental improvements due to land stabilization measures which preserve the landscape and biodiversity.

4.3 Negative Impacts of the Project Although the Project is expected to have a lot of positive impacts as presented above in section 4.4, it is however not without some attendant negative impacts. Based on the inventory carried out, land acquisition, will be very minimal and shall be restricted to the 5m setback along the gully corridor. Notwithstanding, the intervention will lead to the following adverse impacts: - Loss of economic trees and agricultural crops; - Loss of structures; - Loss of public utilities; - Loss of businesses and, - Loss of accommodation. The account of the quantity and specification of the affected items is presented in the section under analysis of inventory of affected assets.

4.4 Analysis of the Inventory of Affected Assets An inventory of Assets to be displaced along the gully corridor is categorized into economic trees, affected businesses, structures, residential accommodation and utilities as shown below. 1. Economic Trees affected in Agassa Economic Trees Number Banana/Plantain 11 Coconut 07 Orange 03 Pawpaw 03 Umbrella fruits 01 Bamboo 03 Palm tree 50 Guava 01 MoringaOlifera 04 Pineapple 01 Castor 01 Garden Egg 01

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

2. Affected Businesses Business Number Poultry 01 Shop/kiosk 02

3. Structures affected in Agassa Structure Number Well 03 Fence 12 Buildings 20 Uncompleted buildings 02 Bathrooms/Toilets 04 Pavements 02

4. Affected residential accommodations =31 5. Electric poles to be relocated = 2

4.5 Avoidance/Minimization of Resettlement To avoid negative impacts, or minimize as much as possible, the following measures were taken:  A full opportunity for involvement of all stakeholders, especially the direct stakeholders (project affected persons) provided through public participation and engagement of the stakeholder communities. This afforded the concerned stakeholders the opportunity to contribute to both the design and implementation of the project activities thereby reducing the likelihood of occurrence of some of the impacts.  Kogi State NEWMAP/Contractor will adhere to the 5 meter setback required for construction as stipulated in the Engineering Design.  The setback on the corridor was made known to the stakeholders (5m) and that in the event of work in such locations all affected properties are to be removed by their owners to give the required right of way for the work.

4.6 Mitigation Measures The main objective of the RAP is to develop programmes that can improve the livelihoods of PAP‘s or restore them to the pre-displacement levels. To provide a safety net for all the PAPs and improve their livelihood until they become self-sufficient and resilient to economic stresses as they were before the project came or even better, appropriate mitigation measures and preparations of the entire resettlement process have been developed and shall be ensured. Specifically, the following mitigation measures shall be implemented: - PAPs shall be consulted before and during the implementation of this RAP to ensure their full participation in the RAP process. - PAPs shall be compensated in line with this RAP before actual project implementation. This implies that construction activities (displacement and demolition) will not take place until PAPs have been full compensated. - Assistance to PAPs / vulnerable persons shall be adhered to in line with the recommendations in this RAP. - RAP implementation including livelihood restoration measures shall be monitored by the SPMU to ensure that PAPs and the vulnerable are restored to the pre-project social conditions.

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

- Grievance redress shall be given high priority in this project. For the vulnerable, priority shall be given in all mitigation measures relating to them. Stress to this group shall be avoided. Where mitigation measures include physical preparation of site as appropriate assistance support and protection shall be provided to help them overcome difficulties in the process.

4.7 Number and Types of Affected Persons A total of 76 PAPs will be affected by the project. This includes 40 asset owners and 36 tenants. Similarly, the PAPs are made up of 51 males and 25 females. In terms of number of family members of PAPs, the project recorded a total number of 241 persons from the 76 PAPs. The list of Affected Persons and compensation entitlements is shown in Appendix 5. Assets types is provided in Appendix 4.1

4.8 Inventory of Impacted Assets The affected assets include structures and farmlands essentially. These have been identified and are as shown in this subsection.

4.8.1 Impact on Land and Structures The structures that could be affected in the course of work or that could constitute hindrance to work have been identified as depicted in Map 2.5. In Appendix the PAPs who own these structures are identified in relation to the numbered structures.

4.8.2 Impact on Agricultural Resources (Crops) Impacted agricultural resources include Mango trees, Coconut trees, Plantain trees, Castor stems, Plantain, Banana trees, Bamboo, Orange trees, Pawpaw, Guava and Cashew trees as outlined in Table 4.1.

4.8.3 Impact on Utilities Two electric wooden poles were identified which shall cause hindrance in the course of work.

4.8.4 Impact on Social Networks The physical displacement of PAPs will result in the disruption of some social networks, in terms of nearness to each other. However, the nature of the mitigation/compensation shall largely ensure that those affected will still be in close contact with each other, for sustainable use of the affected area and in line with the principles of the NEWMAP. Consultations and interactions initiated during the preparation of this RAP shall be sustained on the need to give way for the reclamation of the devastated areas once compensated.

4.8.5 Impact on Vulnerable Group Thirty six (36) vulnerable PAPs were identified as tenants in the affected properties. By this position, they would be homeless when the buildings are eventually brought down for civil work in the course of the intervention work. Thus, they will need assistance to help them overcome difficulties in the process. They cannot successfully relocate without adequate support and assistance.

In addition to other mitigation measures, a relocation assistance of twelve thousand (N12, 000.00) Naira only has been computed for each tenant as an appendage to the owners of the properties in appendix 6B. The assistance sum was arrived at following consultation with the affected tenants. It was informed that the tenants are on monthly rent of one thousand naira (N1,000) only. To assist them from the shock of the project, it was agreed that Kogi State NEWMAP will pay for three (3) months‘ rent for each of them. Furthermore, the sum of nine thousand naira (N9,000) only is to take care of haulage (transport).

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

To provide a safety net until they become self-sufficient and resilient to economic stress as they were pre- project or even better, appropriate preparedness of the entire resettlement process has been ensured. Also, priority shall be given to this group in all mitigation measures related to them. Furthermore, stress to this group shall be avoided where mitigation measures include physical preparation of sites (Kindly see subsection 5.3 for mitigation measures).

4.8.6 Potential Relocation Areas Generally, relocation within the vicinity of the PAPs‘ current residences is feasible. Such relocation sites shall be worked out between the community leaders i.e., ward head and landlords, and to be supervised by the Chairman, Agassa Community Association, as well as the livelihood unit of the SPMU.

Notably to mention in this RAP is that there is no permanent displacement.

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

CHAPTER FIVE RELEVANT LOCAL AND FEDERAL POLICY, LEGAL AND REGULATORY FRAMEWORKS

5.0 Introduction The comprehensive review of the following policy and regulatory frameworks guided the preparation of this RAP.

5.1 The Resettlement Policy Framework (RPF) of the NEWMAP The Resettlement Policy Framework (RPF) was prepared as a guide to set out the general terms under which land acquisition/encroachment, and/or any form of involuntary displacement of persons from the land or right of way of the project can take place, to comply with the World Bank Operational Policy (OP 4.12 - Involuntary Resettlement).

The Resettlement Policy Framework (RPF) specified that during implementation stage and following the identification of sub-projects and sites for the developments, individual resettlement action plans should be prepared that must be consistent with the provisions of the RPF. It also provided a generic process for the preparation of resettlement plan.

The RPF specified that in addressing impacts, resettlement plan must include measures to ensure that the displaced persons are: a. Informed about their options and rights pertaining to resettlement; b. Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; c. Provide prompt and effective compensation at full replacement cost for losses of assets attributable to the project; and d. Enabled to restore and preferably improve their living standards compared to the pre-project condition

Overall, the objective of the RPF is to ensure that PAPs are meaningfully consulted, are involved in the planning process, and are adequately compensated to the extent that at least their pre-displacement incomes have been restored and in a fair and transparent process.

The RPF specifies that occupants who must be displaced will be relocated at a minimum cost and to a nearby location. It also states that occupants who must be relocated will be assisted physically by inclusion of preparatory site work in the works programme of the contractor and/or by payments to relocate shops and items of livelihoods to alternative locations. It also recommends the setting up of a dispute resolution mechanism that will address complaints and grievances that may emanate from the resettlement or compensation process.

The preparation of this RAP is consistent with the guidelines and recommendations of the RPF of NEWMAP which is also found to be in agreement with the guidelines of the World Bank Involuntary Resettlement 0P4.12 and Cultural Property OP 11.03.

5.2 Interim Guidelines for Addressing Legacy Issues in World Bank Projects The interim guideline aims to provide Bank project teams and Management with guidance on how to address legacy issues related to Safeguards documents when:

a) The Bank restarts engagement in a project after a significant passage of time, or b) The Bank becomes engaged significantly late in a project or in a component of a project that is already well underway.

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Legacy issues in the context of social impacts are also commonly understood as impacts that remain after a development project, factory, business, similar project enterprise, or mine has ceased operations.

The ESMF specifies that the interim guidance note of the World Bank may not sufficiently cover such legacy issues because those types of legacy issues may require situation-specific approaches or other approaches not well addressed through the use of the Bank‘s Safeguards work. In order words, there is need to complement the interim guideline with local legacy procedures.

5.3 Policy on Disclosure and Access to Information (DAI) The objective of the Policy on Disclosure and Access to Information (DAI) is to provide a clear framework for ensuring greater awareness and understanding of the Bank‘s development function and mission through public outreach, and providing better access to information, particularly on the Bank‘s operations.

5.4 Nigeria Regulatory Framework With regards to management of the bio-physical environment throughout Nigeria, the overall responsibility was held by the now defunct Federal Environmental Protection Agency (FEPA), which was absorbed into the Federal Ministry of Environment (FME) in 1999. The State Environmental Protection Agencies or, as the case maybe, State Ministries of Environment performs this function at state and local levels.

5.4.1 The Federal Ministry of Environment (FME) The Federal Ministry of Environment‘s mandate includes the establishment of federal water quality standards and effluent limitations, protection of air and atmospheric quality; protection of the ozone layer; control the discharge of hazardous substances; inter alia, and ensures that all major development projects in Nigeria are subject to mandatory Environmental Impact Assessment (EIA) pursuant to EIA Act. No. 86 (Decree No. 86) of 1992

As contained in FEPA Acts 58 of 1988 and 59 of 1992, all lands in Nigeria belong to the Federal Government and are entrusted to the State Governors of the respective states to hold in trust for the public and for public interest. In the event of use of land for public interest, the Act specifies as follows:

a. That the government should resettle and/or compensate occupants of land with Certificate of Occupancy (C of O); or b. Issue notice to occupiers of land prior to displacement of land for public project.

In practice, governments do not compensate known rightful owners of land/asset when the affected land/assets are located within the right of way of utilities. Rather, the government enforces involuntary displacement by demolition the structures and assets that are located within the land mapped for project.

5.4.2 Nigeria Law/Land Use Act of 1978 and Resettlement Procedures The Land Use Act, Cap 202, 1990 Laws of the Federation of Nigeria is the applicable law regarding ownership, transfer, acquisition and all such dealings on Land. The provisions of the Act vest every Parcel of Land in every State of the Federation in the Executive Governor of the State. The Governor holds such parcel of land in trust for the people and government of the State. The Act categorized the land in a state to urban and non-urban or local areas. The administration of the urban land is vested in the Governor, while the latter is vested in the Local Government Councils. At any rate, all lands irrespective of the category belong to the State while individuals only enjoy a right of occupancy as contained in the certificate of occupancy, or where the grants are deemed.

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Thus, the Land Use Act is the key legislation that has direct relevance to resettlement and compensation in Nigeria. Relevant Sections of these laws with respect to land ownership and property rights, resettlement and compensation are summarized in this section.

The concept of ownership of land as known in the western context is varied by the Act. The Governor administers the land for the overriding common good and benefits of the citizens of the State. The law makes it lawful for the Governor to grant statutory right of occupancy for all purposes; the agricultural (including grazing and ancillary activities), residential and other purposes, grant easements appurtenant to statutory rights of occupancy and to demand rent. But the limit of such grant is 500 hectares for agricultural purpose and 5,000 for grazing except with the consent of the Governor.

The statutory Rights of Occupancy are for a definite time (the limit is 99 years) and may be granted subject to the terms of any contract made between the state governor and the holder.

The Local Government Authority, under the Act, is allowed to enter, use and occupy for public purpose any land within its jurisdiction that does not fall within an area compulsorily acquired by the Government of the Federation or of relevant State; or subject to any laws relating to minerals or mineral oils.

5.4.3 Requirements of the Land Use Act The state is required to establish an administrative system for the revocation of the rights of occupancy, and payment of compensation for the affected parties. So, the Land Use Act provides for the establishment of a Land Use and Allocation Committee in each State that determines disputes as to compensation payable for improvements on the land. (Section 2 (2) (c).

In addition, each State is required to set up a Land Allocation Advisory Committee, to advise the Local Government on matters related to the management of land. The holder of occupancy of such revoked land is to be entitled to the value of the unexhausted development as at the date of revocation (Section 6)(5). Where land subject to customary right of Occupancy and used for agricultural purposes is revoked under the land Use Act, the local government can allocate alternative land for the same purpose (Section 6(6).

In the event that the Local Government refuses or neglects to pay compensation to a holder occupier, within a reasonable time, the Governor may proceed to effect assessment under section 29 and direct the Local Government to pay the amount of such compensation to the holder or occupier. Section 6) (7).

Where a right of occupancy is revoked on the ground either that the land is required by the Local, State or Federal Government for public purpose or for the extraction of building materials, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements. Unexhausted improvement has been defined by the Act as:

anything of any quality permanently attached to the land directly resulting from the expenditure of capital or labour by any occupier or any person acting on his behalf; and increasing the productive capacity the utility or the amenity thereof and includes buildings, plantations of long- lived crops or trees, fencing walls, roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce.

Developed Land is also defined in the generous manner under Section 50(1) a follows: land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvements that may enhance the value of the land for industrial, agricultural or residential purposes.

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It follows from the foregoing that, compensation is not payable on vacant land on which there exist no physical improvements resulting from the expenditure of capital or labour.

The compensation payable is the estimated value of the unexhausted improvements at the rate of revocation. Payment of such compensation to the holder and the occupier as suggested by the Act is confusing. Does it refer to holder in physical occupation of the land or two different persons entitled to compensation perhaps in equal shares? The correct view appears to allow from the general tenor of the Act. First, the presumption is more likely to be the owner of such unexhausted improvements. Secondly, the provision of section 6(5) of the Act, which makes compensation payable to the holder and the occupier according to their respective interests, gives a pre-emptory directive as to who shall be entitled to what.

Again, the Act provides in section 30 that where there arises any dispute as to the amount of compensation calculated in accordance with the provisions of section 29, such dispute shall be referred to the appropriate Land Use and Allocation Committee. It is clear from section 47 (2) of the Act that no further appeal will lie from the decision of such a committee. If this is so, then the provision is not only retrospective but also conflicts with the fundamental principle of natural justice, which requires that a person shall not be a judge in his own case. The Act must, in making this provision, have proceeded on the basis that the committee is a distinct body quite different from the Governor or the Local Government. It is submitted, however, that it will be difficult to persuade the public that this is so since the members of the committee are all appointees of the Governor.

Where a right of occupancy is revoked for public purposes within the state of the Federation; or on the ground of requirement of the land for the extraction of building materials, the quantum of compensation shall be as follows:

a) In respect of the land, an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked. b) In respect of the building, installation or improvements therein, for the amount of the replacement cost of the building, installation or improvements to be assessed on the basis of prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank for delayed payment of compensation. c) With regards to reclamation works, the quantum of compensation is such cost as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer. d) In respect of crops on land, the quantum of compensation is an amount equal to the values prescribed and determined by the appropriate officer.

Where the right of occupancy revoked is in respect of a part of a larger portion of land, compensation shall be computed in respect of the whole land for an amount equal in rent, if any, paid by the occupier during the year in which the right of occupancy was revoked less a proportionate amount calculated in relation to the area not affected by the revocation; and any interest payable shall be assessed and computed in the like manner. Where there is any building installation or improvement or crops on the portion revoked, the quantum of compensation shall follow as outlined above and any interest payable shall be computed in like manner.

5.5 International Guidelines International Development Partners/Agencies such as World Bank and other financial organizations interested in development projects recognize this highly especially in development that result in involuntary resettlement. It is against this background that policies and guidelines have been set for managing such issues. The World Bank‘s policy on involuntary resettlement will be applied in any sub- project of the NEWMAP that displaces people from land or productive resources due to land take.

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

Where there is conflict between national legislation and World Bank Operational Policies, the latter policies shall prevail.

5.5.1 The World Bank Policy on Involuntary Resettlement (WB OP. 4.12) The Bank‘s policy on Involuntary Resettlement advocates that where feasible, involuntary resettlement should be avoided or minimized. Resettlement shall be conceived and executed as a sustainable development program, where it is inevitable, providing sufficient investment resources to enable persons displaced by the project share in project benefit.

Persons displaced shall be: i. Duly consulted and should have opportunity to participate in the planning and execution of the resettlement; ii. Compensated for their losses at full replacement cost prior to civil works; iii. Assisted with the move and supported during the transitional period in the resettlement site; iv. Assisted in their effort to improve their former living standards, income earning capacity and production levels or at least to restore them.

For the nature of the Flood and Erosion Site in Agassa, which will also involve some civil works constructions, the World Bank required the preparation of a Resettlement Action Plan to be used to guide the execution of a sustainable resettlement or compensation process for all the PAPs.

5.5.2 Conclusion Drawn from the Review of World Bank Policies on Involuntary Resettlement Review of the different policy guidelines of the World Bank (OP/BP 4.12) shows that primarily, the World Bank agrees that PAPs be compensated or assisted irrespective of legal status of PAPs to the land/or place they occupy. The key concern articulated in this policy is to ensure that PAPs are compensated or assisted including income restoration measures to ensure that they are not economically worse off relative to pre-project period.

5.6 Comparison between Nigerian Land Use Act and the World Bank Operational Policy (0P4.12) In this section a comparison is made between the Nigerian Land Use Act and the World Bank‘s operational policy on involuntary resettlement.

Table 5.1: Comparison of Nigerian Land Use Act (1978) and World Bank Operational Policy (OP 4.12) CATEGORY NIGERIAN LAW OP 4.12 Of WORLD BANK MEASURES Land Owners: Cash Recommends land-for-land Cash compensation at Statutory Rights compensation compensation, or cash replacement cost. based upon compensation at replacement market value cost. Land Owners: Cash Equivalent value. If not, cash Cash at full replacement customary compensation for at full replacement value, value, including transfer Rights land including transfer costs. costs. improvements; compensation in kind with other village/ district land Land Tenants Entitled to Entitled to some form of Compensation subject to compensation compensation subject to the the legal recognition of based on the legal recognition of their their occupancy. amount of rights occupancy. they hold upon

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

land. Land Users Land users without Entitled for compensation for Compensation for crops title rights be it crops and entitled for land and entitled for land customary, C of O replacement and income loss replacement and income or R of O are not compensation for minimal of loss compensation for entitled to any pre-project level. minimal of pre-project form of level. compensation. Owners of Non- Cash Entitled to in-kind Compensation at full permanent compensation compensation or cash replacement cost Buildings based on Compensation at full prevailing market replacement cost including value labour and relocation expenses, prior to displacement. Owners of Cash Entitled to in-kind Compensation or cash permanent compensation compensation or cash compensation at full Buildings based on compensation at full replacement cost prevailing market replacement cost including including labour value labour and relocation expenses, Prior to displacement. Losers of No consideration Key objective is restoration of Restoration of capacity to livelihoods, other than cash capacity to generate incomes at generate incomes at least farmers, business values for assets as least at levels prior to losses. at levels prior to losses. people, described above by Programs of assistance to Programs of assistance to employees etc. asset category achieve this objective- achieve this objective- Compensation for periods of Compensation for lost income. periods of lost income. Grievance No specification The Grievance Mechanism Procedures to follow procedure requirement for Will Be Set Up as Early as grievance redress establishing an Possible in The Process, To mechanism established. independent Receive and Address in A grievance Timely Fashion Specific mechanism Concerns About Compensation and Relocation That Are Raised by Displaced Persons And/or Members Of Host Communities. Including A Recourse mechanism designed to resolve disputes in an impartial manner. The grievance mechanism, process, or procedure should address concerns promptly and effectively, using an understandable and transparent process that is culturally appropriate and

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

readily accessible to all segments of the affected communities, at no cost and without retribution. Rejection of No categorical Where compensation to an The World Bank Compensation Statement affected person in accordance recommendation is to be with an approved resettlement implemented. plan has been offered, but the offer has been rejected, the taking of land and related assets may only proceed if the project owner has deposited funds equal to the amount offered as compensation plus 10 percent in a secure form of escrow or other interest- bearing deposit satisfying the Bank‘s fiduciary requirements. The project owner must also provide a means satisfactory to the Bank for resolving the dispute concerning the offer of compensation in a timely and equitable manner Adapted from the Resettlement Policy Framework for the project, April 2006 Revised 2013.

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The Final Draft RAP Report for Agassa Gully Erosion Sites for NEWMAP, Kogi State.

Table 5.2: The Entitlement Matrix for Various Categories of PAPs

Type of Loss Entitled Person Description of Entitlement 1.Permanent loss of land 1.1 (a)Legal owners of land 1.1 (a) Land for land compensation is preferred 1.1Cultivable/residential/c (b) Occupancy/Hereditary priority, or Cash compensation at replacement ommercial land Tenant value based on market rate plus 10% compulsory acquisition surcharge as second option (b) & (c) Compensation will be paid as plus a one- time lump sum grant for restoration of livelihood and assistance for relocation. 2. Damage to land (such 2.1. (a)Legal owner/s 2. 1 (a) & (b) Restoration of land to pre- as abutting sub-project (b) Village/s or clan/s with construction condition or cash site) customary ownership compensation at prevailing rates for necessary 2.1. By excavation etc. 2.2. (a)Legal owner/s bulldozer/ tractor hours from burrows for earth for (b) Village/s or clan/s with to restoring level and/or truckloads of earth for construction. customary ownership fill 2.2 By severance of 2.2 Provision of water course to connect severed agricultural holding segment with source of water 3. Loss of income and 3.1 Cultivator occupying land 3.1. Estimated net income for each lost cropping livelihood season, based on land record averages of crops 3.1. Temporary loss of and area planted in the previous four years access to land for cultivation 3.2. Loss of agricultural 3.2. (a) Owner/s of crops or 3.2. (a) Cash compensation for loss of agricultural crops, and fruit and wood trees. Includes crops trees crops at current market value of mature crops, trees. owned by based on average production. 3.3 Loss of income by encroachers/squatters Compensation for loss of fruit trees for average agricultural tenants (b) /tenant fruit production years to be computed at current because of loss of land 3.3 Persons working on the market value. they were cultivating affected lands Compensation for loss of wood-trees at current market value of wood (timber or firewood, as the case may be). 3.2. (b) Partial compensation to tenants for loss of their crops/trees as per due share or agreement (verbal or written) 3.3 One-time lump sum grant to agricultural tenants (permanent, short- term or long-term agricultural labour (this will be in addition to their shares in crop/tree compensation) a) Tree/perennial crops: Harvesting of the crops will be given a first priority but where harvesting is not possible, counting of the affected crops will be done in the presence of the owner. Computation of the costs will be done according to market rates and will include cost of regrowing perennial trees to maturity where applicable. b) Annual crops: Crops will be harvested by the owner and therefore no compensation will be paid for crops. Where crops cannot be harvested, compensation at the market rate will be paid 4. Permanent loss of 4.1. (a)Owners of the 4.1. (a) Cash compensation for loss of built-up Structures structures whether or not the structures at full replacement costs 4.1 Residential and land on which the structure Owners of affected structures will be allowed to commercial stands is legally occupied take/reuse their salvageable materials for Structures (b) Renters rebuilding/rehabilitation of structure. In case of relocation, transfer allowance to cover

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cost of Shifting (transport plus loading/unloading) the effects and materials will be paid on actual cost basis or on current market rates. (b) One-time cash assistance equivalent to 4 months rent moving to alternate premise. Transfer allowance to cover cost of shifting (transport plus loading/unloading) personal effects paid on actual cost basis or on current market rates. 4.2. Cultural, Religious, 4.2.Community 4.2. Complete rehabilitation/restoration by the and community structures Project: or, Cash compensation for restoring /facilities School, church, affected cultural/community structures and water channels, pathways, installations, to the recognized patron/custodian. and other community structures/installations

5. Special provision for 5.1 Women headed vulnerable APs households, disabled or 5.1 Re-establishing and/or elderly persons and the enhancing livelihood landless 5.2 Change in Livelihood 5.2. (a) Vulnerable APs, for women and other particularly Women enrolled vulnerable AP5 that need in a vocational training facility to substitute their income 5.2. (b) owner/s whose because of adverse impact landholding has been reduced to less than 5 acres Unanticipated adverse The Project team will deal with any unanticipated consequences of the Project impact due to project during and after project implementation in the light and spirit of the principle of intervention or associated the entitlement matrix. activity

5.7 Eligibility Criteria There are three basic categories of eligibility for resettlement benefits: i. Persons holding legal title (or the equivalent in customary-law) to the land they occupy or use to derive their livelihood. This shall be entitled to receive compensation for their assets at replacement value. ii. Persons lacking title but with legal rights that can ratified by recognized legal process, e.g. heirs to an estate. iii. Persons with no legal or legitimate claim to the land they occupy or use.

Those having legitimate rights shall receive assistance to regularize their status and shall be treated just as those having legal rights. Persons having no legal rights to land under law may not be compensated for the land they occupy but they are entitled to compensation for other assets / improvement on the land (e.g. housing) and to receive assistance. In practice, this may mean that squatters and other non-legal occupants receive the same entitlement as those having legal rights. Where cash compensation is used for very poor people, it is strongly recommended that supervision be provided so that such compensation is not used for consumption or other unsustainable expenditures. The census carried out has enabled the identification of those affected and eligible for assistance and the nature of assistance.

The entitlements, as the case may be, consist of replacement housing, building lots, or cash compensation. Under Bank Policy, cash compensation is only appropriate when there is an active market in land or housing and where such assets are actually available for purchase. Communal rights to land and other assets are recognized. Clans, lineages and other community property have been subjected to the same procedures as for privately held land. In such cases, traditional law may be taken into account.

Tenants will be granted resettlement entitlements along with owners or they may be given a subsidy to find a new rental property. Entitlements shall include transitional support such as moving expenses,

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assistance with food and childcare during a move and other needed support. All PAPs irrespective of their status, whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the project area before the cut-off date.

All persons residing, conducting activities or earning income within the project affected areas at the cut- off-date, which is the last day of inventory of loss will be entitled to compensation and resettlement assistance. To determine their eligibility, PAPs are classified as follows:

 Persons who have formal right to land (including customary and traditional rights recognized under  Nigerian law);  Persons with temporary or leased rights to use land; and  Persons who do not have formal legal right to lands or other assets at the time of the census, but who have claim to such legal rights by virtue of occupation or use of those assets.  Businesses within the community

Those who do not have the legal title to land but reside in the affected area before the cut-off-date will be compensated for properties such as houses and other investment on the land, but will not be compensated for the land. The eligibility criteria for compensation are outlined n Table 5.3.

Table 5.3: Eligibility Criteria for Compensation

PAP Classification Eligible for Compensation No Compensation Assistance

Those with legal right to Land or asset at replacement For land, assets, and Assistance land cost, taking into account structure on the land as needed market values for land after the cut-off- date

Those with temporary or Land and assets at For land, assets, and Assistance leased rights to land at cut- replacement cost, taking into structure on the land as needed off date account market values for after the cut-off- date structures and materials

Those with no legally Assets at replacement cost For land Assistance recognised right to land except that compensation as needed but arrived before cut-off may be ―topped off‖ to allow date. the PAP to acquire a new residence in a place where he/she can legally reside.

Those who arrived after None None None Cut-off-date

Those with business Assets and lost income as a For business located in Assistance located within the result of lost business during community after the as needed Community project duration cut-off - date and outside the affected area.

This RAP will be aligned with the World Bank Operational Policy, which indicates best practices for rehabilitation of livelihoods of people affected by the implementation of the project. The Bank‘s policy will be applicable because they are involved in the funding of the project and also because its policy must fulfil the pro-poor objectives of the project, ensuring that the conditions of PAPs are preferably improved and at least restored to pre-displacement levels as well as offers special considerations for vulnerable and landless PAPs.

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CHAPTER SIX VALUATION AND COMPENSATION OF AFFECTED STRUCTURES AND PROPERTIES

6.0 Introduction Issues of valuation of assets to be affected by the implementation of proposed project intervention works are discussed in chapter six. The general principles adopted in the formulation of the compensation valuation, the World Bank‘s safeguard policies on entitlement, the entitlement matrix, and proof of eligibility as well as valuation methodology are also examined in this chapter.

6.1 Valuation Methodology Valuation of assets to be affected by the implementation of the project was conducted in conformity with the general principles contained in the World Bank Safeguards Policy that lost income and properties will be valued at their full replacement cost such that the PAPs should experience no loss. The asset valuation was conducted based on the current market prices in the Agassa and Nigeria standard. The following methods and principles guided the valuation of assets.

6.1.1 Replacement Cost Method World Bank OP4.12 requires that current market value of asset within the project area be used to determine the compensation rate for land, building and other assets. This entails carrying out market survey of land per square meter and the market prices of the affected assets.

DaLA method was used to determine compensation for economic trees because of it robustness and advantage over the traditional method of assessing the cost of an economic tree. DaLA method states that market value of yield per tree for the current season (agricultural season) and cost of re-planting and nursery should be used to determine the compensation rate for the economic tree while the Traditional Method equates the capital of the existing structure/ tree to the cost of reinstating the structure/ tree on the same type of plot at the current labour, material and other incident costs.

6.1.2 Land Resettlement The World Bank OP 4.12 requires that displaced owners of land be provided with an area of land equivalent to their displaced land. It states that land restoration should be in a location that has similar value as the one displaced by the project. However, the owners of the lands who are indigenes of the area willing to give out their portions of land which will be required by the project activities will be compensated by monetary value based on the findings of the needs assessment.

6.1.3 Disturbance and Other Incidental Contingencies Affected business premises, which will have to close shop or be relocated, will be given compensation for loss of business time or assistance for transportation.

6.2 Affected Structures: 6.2.1 Immovable Structures/Property: This consists of all structures/property that are not moveable (Immovable) such as Fence, Mud and Block Building, Economic Trees and Flowers, etc. All assets valued for compensation within this project fall under the category of immoveable assets.

6.2.2 Moveable Structures/Property: This includes Kiosks, Metal and Wooden containers and Water Tanks. There was no property/structure classified under moveable; this is as a result of the rural nature of the project area.

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6.2.3 Permanent Structures/Asset This consists of structures that will be displaced or removed permanently due to the project. Such assets exist in these locations as some part of the area is densely populated.

The SPMU will arrange and make payment of estimated values to the beneficiaries according to the provision of this RAP. This is to enable the PAPs to start arranging for alternative resettlement elsewhere.

6.2.4 Compensation and Other Resettlement Assistance The description of the packages of compensation and other resettlement measures to assist this category of eligible displaced persons to achieve the objectives of the plan have been evaluated and presented as captured. All PAPs due for compensation have been duly identified.

6.3 Modes of Restitution All project affected persons (PAP) have been carefully documented with their phone numbers. All the PAPs can be reached by the Village/District Heads as the streets/houses are not in existence. The notification for payment will include how payments will be made and the set date. The peculiar local security situations will be taken into consideration by the SPMU in reaching out to the PAPs for payments.

6.4 Compensation Payment and Procedures for Delivery of Compensation The main objective of the RAP is to develop programmes that aim to improve the livelihoods of PAPs or restore them to the pre-displacement levels. Where impact on land is intense such that sustainability of livelihoods may be affected, preference will be given to land compensation rather than cash pay-outs. This applies to the PAPs who are not physically displaced but who are affected by a land loss that affects their properties.

6.5 General Principles to be adopted for Compensation The general principles which should be followed for the payment of compensation for lost assets shall be: a) Paid prior to acquisition or displacement; b) At replacement cost; c) The full cost of materials, and labour required for reconstructing a building of similar surface and standing; d) Compensate all the PAPs adequately for properties and income lost; e) Check and ensure that resettlement was built in as an upfront project cost to avoid inadequate compensation. That is to say, the affected person must be able to have their farming activities restored in a different location using the compensation paid; f) To include cost of moving, such as transport costs as well as any associated land titling or transfer fees; g) To make all payments in monetary forms as agreed with the PAPs; h) To make payments by the Resettlement and Compensation Committee. This committee will include members of the SPMU and selected community leaders from the affected location.

6.5.1 Procedure for Delivery of Compensation The procedure for delivery of compensation to PAPs shall include but not limited to the following: a) Full payment of compensation carried out before possession of acquired sites. b) Implementation committee communicates the amount to be paid to the PAPs c) Transfer to individual accounts is the preferred first mode of payment. SPMU shall make arrangements with the nearest bank to effect payments without any challenge to the PAPs. The accounts shall be domiciled in the bank, and a cheque issued to an individual PAP, to be cashed after fifteen days if no dispute arises.

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d) Necessary document of payments to the affected persons should be presented to local land/asset valuation committee from the Local Government and/or other independent witnesses of the affected person and leaders of the communities. e) Proper receipts should be issued and copies given to the affected persons including the Finance Department of SPMU f) Comprehensive reports on payment made are submitted for review by SPMU Management.

6.6 Assistance to Vulnerable Groups

For the purposes of this RAP, vulnerable persons are defined as those who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status, may be more adversely affected by resettlement than others, and who may be limited in their ability to claim or take advantage of resettlement assistance and related project development benefits. PAPS who are not Head of household and are susceptible to loss of shelter shall be assisted with cash equivalent to three month rent to save them from homelessness. A total of 36 persons were identified as vulnerable persons in this project.

6.7 Livelihood Restoration Whether implemented by Community Associations, the NGO or a firm, all livelihoods activities supported will be selected by communities themselves, guided by a list of potential activities, with sensitization carried out and informed by exposure visits to other project sites.

The community liaison and support professional will provide technical services to the Community Association and facilitate the overall process, backstopped by the NEWMAP Technical Officer. As activities are selected, and groups and/or individuals develop appropriate plans, trainers with expertise in specific livelihood activities will be retained for short periods to provide hands-on instruction for participants.

Emphasis must be direct on people most in need of livelihood support of livelihood support, for example those most affected by erosion and intervention works (the poor, landless, disabled, women and female- headed households).

6.7.1 Restoration Strategies 1. Livelihood Identification and Preparation Support The community liaison and support professional will work closely with the Community Associations (CAs) that may wish to develop group activities. Community Associations will receive training - according to identified needs — in small business development and developing a business plan, basic bookkeeping, banking, accessing commercial finance, marketing, customer relations, leadership and team building, customer relations, leadership and team building.

2. Livelihood Sub-grants for Income, Skills and Employment Opportunities The SPMU will provide grants to Community Associations to implement community sub-projects selected by the Community Associations and/or individuals. The community sub-projects will include: (i) those which generate income, and/or (ii) those which provide technical skills that could lead to employment opportunities or new start-ups.

Eligible activities may include:  Geo-textile manufacture from coconut-palm leaves and husks, other crop residues and other materials.  Gabion box manufacture.

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 Construction skill training on gabion box installation/erection and other masonry/concrete works for the affected communities to work on the project.  Horticulture on reclaimed lands.  Seedling nurseries for fruit trees and other species, operated by women.  Planting/protection of moringa (moringaolifera) or other locally appropriate trees for soil stabilization, food products and other economic and environmental benefits.  Vetiver grass nurseries for use in gully stabilization.  Grass-cutter and other small livestock, mushroom, and snail production.  Beekeeping and honey production.  Establishing small retail-shops.  Skill training in the service sector, such as auto and small machine mechanics, bicycle repair, welding, tool sharpening, food production, solar and satellite installation and sale.  Specialized marketing facilities such as private warehouses and transport equipment.  Skills for employment in local industries could also be taught such as environmentally friendly rock quarrying, or sawmill operation, security-related activities depending on needs in local labour markets.

Technical support will be provided by the community liaison and support professionals, Community Associations and individuals to identify and develop suitable, market driven livelihood options. Selection criteria will favour those people most affected by gully erosion/intervention works, the poorest in the community, and women.

6.8 Provision of Amenities for the Community In support of the communities and as part of the social responsibility of SPMU, assistance could be given to the poor communities as may be requested by the PAPs to make their relocation tolerable.

6.9 Environmental Protection and Management Alongside this RAP, an Environmental and Social Management Plan (ESMP) has been prepared to address adverse impacts during the work. Thus, this section of the RAP should be read and understood as well as applied in light of the ESMP.

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CHAPTER SEVEN PUBLIC PARTICIPATION AND CONSULTATIONS

7.1 Introduction The Public Consultation process for the project began during the early stage of reconnaissance level- survey. This has further been enriched through interactions and consultation with the relevant stakeholders in the course of the preparation of this RAP. Public consultation and participations are essential because they afford PAPs and the general public the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts. The more direct involvement of the local level people in the planning and management processes, the greater the likelihood that resource use and protection problems will be solved, the likelihood of development opportunities occurring in a balanced way and to the broad benefit of all communities in the project.

7.2 Objective of the Consultation Providing adequate information to affected communities and stakeholders reduces the potential for conflicts, minimizes the risk of project on communities and enables resettlement and compensation in a comprehensive development programme. In Specific terms, the sensitization campaign and public consultation sought to achieve the following: • Inform stakeholders of the project activities and provide adequate information on the project, its components and its activities with affected communities. • Establish grievance and effective complaints mechanism on the project. • Obtain vital information about the needs and priorities of affected settlements. • Inform the PAPs and the communities about various options of resettlement and compensation. • Obtain cooperation and support of the project affected persons • Ensure accurate and transparent resettlement and rehabilitation process for Project affected Persons.

7.3 The Stakeholders Stakeholders for the purpose of this project are defined as all those people and institutions that have an interest in the successful planning and execution of the project. This includes those positively and negatively affected by the project. The key stakeholders identified and consulted included the political leaders in the relevant local government areas, community heads, other opinion leaders in the communities, individuals affected by the project activities / those who own properties that are directly or indirectly affected, special interest groups such as CBOs, etc.

7.3.1 Consultation Strategies The process of resettlement and public participation includes both information exchange (dissemination and consultation), and collaborative forms of decision making. Information dissemination and consultation with stakeholders, especially the Project Affected Persons (PAPs) means transfer of information from Project proponents to the affected population. It provides an opportunity for all the communities in the areas to raise issues and concerns pertaining to the project, and allow the identification of alternatives and recommendations. Specific objectives of the public information campaign and public consultation include: fully shared information about the on-going project, its components and its activities, with affected people, obtain information about the needs of the affected people, and their reactions towards proposed activities, ensure transparency in all activities related to land acquisition and compensation payments and ask local residents especially the interested and Affected Parties about the problems anticipated with the project, and how these can be overcome.

The consultation process ensured that all those identified as stakeholders were consulted. Two Focal Group Discussions/meetings were held with the relevant MDAs in Okene LGA, Onoba of Agassa and

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other concerned community members at an enlarged level on the 26th February, 2017, also at different times and smaller units.

Furthermore, especially with the PAPs, one-to-one meeting was used during the household census survey carried out in the Project area.

7.4 Discussion with Stakeholders and Summary of Outcome Conclusion During the stakeholders meeting, the Consultant updated the community with the focus and objectives of the Project and the role the RAP implementation will play along with other related information. Other burning matters discussed were the issues/grievances that will result during the implementation of the project and the support needed from all stakeholders to ensure effective project work and successful implementation.

The meeting also gave the opportunity to update the persons that would be displaced resettlement options that would be available to them. The process of the grievance redress mechanism was also presented to them as a way out of any grievances that might emanate during the project.

The community residents understand that the intending Project Affected Persons (PAPs) have the rights to be heard and their concerns captured in the project implementation. Subsequently, the meeting gave the residents the opportunity to be aware of the compensation for properties that would fall within 5m of the gully corridor.

All the residents that attended the meeting were happy with the news of the project work and declared their interest and support for the NEWMAP Project. In concluding, the residents were commended for their attendance and commitment to the overall objectives of the project.

Table 7.1: Queries/Observations and the responses given to the stakeholders.

S/No ISSUES RESPONSES

1 Resident Stakeholders welcomed the proposed project and were The consultant acknowledged the very much delighted and hopeful with regards to the approach residents widespread support for the undertaken by the KOGI-NEWMAP and World Bank to proposed project and encouraged them address the current problems of watershed and erosion, which to sustain it throughout the project cycle are currently affecting their lives negatively.

2 Members of the community had before now carried out some One of the NEWMAP components is to palliative measures (use of concrete structures, sand bags and help communities build capacity to check drainages) to mitigate the impact of the gullies at different erosion and effectively manage their sections though these additions have been totally eroded by watersheds on a sustainable basis exacerbated impact of the gully. Are there plans in place to enable the communities sustain the project area and beyond completion of works?

3 The present watershed and gully erosion are serious problems Based on the engineering report spanning from Ahache through Inakakanna to AgassaUvette received, some selected roads will be area of the community. Road construction should be rehabilitated incorporated if not captured.

4 The majority of stakeholders commented that awareness The consultant noted the views and as a creation was essential for the long- term success of the erosion result serious awareness campaign carried and watershed management program; and that manpower out in Agassa by the Consultant and KG-

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development should be Included in the program. SPMU.

5 The construction activities may result in loss of properties, lands Yes, there will be compensations for or damage to their economic trees and crops. In such cases, will property damages or loss of assets as a there be compensations for such damages? result of project implementation. The purpose of the RAP is to methodically identify such properties and assets that may be impacted and establish level of compensations that may be made.

6 Community safety concerns regarding the next cycle of rainy The concerns were noted. It is important season were keenly expressed. The community is very that the community provide the necessary apprehensive of the advancement of the gully when the rains support to help speed up conclusion of come pounding. all due diligent aspects of the project. It is hoped that the project will proceed expeditiously enough as to not cause further damages to the community; this could only be done when ESMP and RAP reports are concluded.

7 Will there be employment or incentives for the youth? This issue shall be recommended in the report. The contractor‘s attention shall be drawn to work with the youths to encourage employment and empowerment for the youths.

8 The Onoba of Agassa and Community Representative, Mallam The Consultant endorsed this view. A lot Saeed Idris took time to plead with the residents to exercise of cooperation of the community was patience and work continuously with the consultants as World enjoyed in the course the project. Bank projects involve stages and process implementation

7.5 RAP Public Disclosure SPMU will in conjunction with Federal Ministry of Environment publish this RAP report in 2 national newspapers in line with the regulatory requirements of Nigeria, and then at designated centres accessible to stakeholders, following which it will show evidence of country disclosure to World Bank external sites. Subsequently, the Executive Summary of the RAP report will be translated to local languages and copies made available and distributed with a letter accompanied to local government authorities concerned. This could be done by a) publishing it on SPMU‘s website; b) depositing/posting it in a range of publicly accessible places such as, Traditional Heads‘ palaces and community squares where they could be protected and not abused. In addition, SPMU will ensure that the affected public is adequately sensitized through public meetings, notices, and handbills/information booklets.

Once this RAP is disclosed, the public has to be notified both through administrative structures and informal structures about the availability of the RAP documents and also be requested to make their suggestions and comments. The complete approved RAP report will be made available in easily accessible locations in or near the affected areas.

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Figure 7.1: Consultation with Men/Elders Focal group (Friday 26/01/2018)

Figure 7.2: Consultation with the Onoba Figure 7.3: Consultation with Women of Agassa on Friday 24/11/2017 Focal Group Friday 26/01/2018

Figure 7.4: Consultation with Youth Focal Figure 7.5: Cross Section of Stakeholders group at Agassa on Friday 26/01/2018 Meeting at Agassa on Friday 26/01/2018

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Figure 7.6: Consultant and Stakeholders Figure 7.7: Consultant and Stakeholders Forum Friday 26/01/2018 Forum Friday 26/01/2018

Figure 7.8: Consultant and Stakeholders Forum Friday 26/01/2018

Figure 7.9: A Cross Section of Participants during Consultation Meetings

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Figure 7.10: Meeting of Consultant, NEWMAP Representatives and Agassa Community Erosion Association

Figure 7.11: Site Inspection with the Engineering Figure 7.12: Site Inspection with the Engineering Crew of the NEWMAP Crew of the NewMap

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CHAPTER EIGHT RAP IMPLEMENTATION AND INSTITUTIONAL ARRANGEMENT AND CAPACITY BUILDING

8.0 Introduction This section explains the various roles and responsibilities of the various institutions involved in the implementation of the RAP. The proposal for capacity building of stakeholders are presented and elaborated.

8.1 Organizational Arrangement The implementation of the RAP shall require close collaboration among all the project stakeholders. A properly constituted structure for the project implementation is imperative and agreement must be reached from the outset with the relevant parties. The roles and responsibilities of all the various relevant stakeholders in the implementation and administration of the RAP are presented in Table 8.1.

Table 8.1: Roles and Responsibilities for Implementation of the RAP S/No. Category Roles and Responsibilities 1 Kogi State -  Develop and implement RAP and other safeguard instrument; NEWMAP SPMU  Drives activities of procurement, capacity building, service- provider mobilization, and monitoring;  Coordinates the many participating MDAs at State and Local Government levels;  Prepare a detailed action plan and time table for the day to day RAP implementation;  Organize the necessary training and capacity building measures for the unit itself and for other partner organizations and committees;  Establish all local level institutions and committees which will participate in the implementation of the RAP and provide them with the necessary training and capacity building measures;  Ensure the systematic monitoring, review and evaluation of the RAP in accordance with the framework and guidelines provided in the RAP;  Monitor and take corrective actions and submit reports to the relevant higher bodies for timely action;  Implement the RAP including their involvement to redress complaints and internal monitoring;  Organize the necessary orientation and training for SPMU officials in consultation with communities;  Implement payment of compensation and other measures (relocation and rehabilitation entitlement) to PAPs in a timely manner  Ensure that progress reports are submitted to the World Bank regularly through the KSG - NEWMAP SPMU 2 KSG-NEWMAP Coordinates and undertake compensation activities in accordance with SPC the principles and procedures specified in the RAP; The SPC approves the fund for compensation; 3 PROJECT The project Accountant will be responsible for the actual transfer of ACCOUNTANT payments.

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4 KSG-NEWMAP  Initiates the implementation of the RAP SPMU SLO (Social  Reviews and approve contractors‘ implementation plan for the Livelihood Officer) social and livelihoods impacts mitigation measures (or mitigation and enhancement measures);  Liaises with the Contractors and KSG -NEWMAP SPMU on implementation of the RAP  Coordinates on behalf of SPMU day to day activities with the relevant line departments and oversee the implementation of RAP instrument, prepare compliance reports with statutory requirements, etc.,  Monitors and supervise regularly the implementation of RAP;  Observe payment of compensation to PAPs;  Identifies and liaises with all relevant stakeholders for the RAP implementation  Responsible for the enforcement of all safeguard requirements and ensuring the sustainability of all RAP provisions  Implement the income restoration in accordance with the principles and procedures specified in the RAP; 5 KSG-NEWMAP  Develops the monitoring and evaluation protocol; M&E (Monitoring  Monitors target achievements; and Evaluation  Identifies non-performance and take corrective actions; Officer)  Oversees the overall monitoring of the project;  Derives data from the SLO in addition to oversight checks.  Include RAP implementation in the overall project M&E 6 KSG-NEWMAP  Review, update and approve work program and activities for the SMPU Technical implementation of the RAP; Committee Officers  Review, update and approve operational guidelines of contractors‘ work plans for and other agencies for implementation of the RAP;  Develop and supervise inter-agency/organization collaborations for the smooth implementation of the RAP;  Provide technical support to all stakeholders necessary for smooth implementation of the RAP 7 Kogi State MDAs  Supervise and enforce full payment of compensation benefits to PAPs;  Make appropriate recommendations or input into the compensation payment process to ensure smooth implementation 8 Local Government  Coordinates activities at the local level for implementation of Technical Committee the RAP; /Officer  Ensures appraisal of properties affected by the project and for which compensation is to be paid;  Coordinates sensitization and awareness campaigns at the local and community levels on the project and RAP;  Appoints a suitable Desk Officer for RAP information management

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 Participates in grievance redress;  Monitors implementation of the RAP at the local and community levels;  acts as liaison to KSG-NEWMAP SPMU, SMDAs and other organizations and groups working towards implementation of the Project and RAP;  Provides technical support to all stakeholders for the implementation of project and RAP;  Facilitates interaction and cooperation between all stakeholders to ensure smooth implementation of the project and RAP. 9 KSG-NEWMAP  Responsible for supervision of compensation activities; Resettlement and  Carry out meetings regularly with all PAPs; Compensation  Provide all necessary information to PAPs regarding guidance Implementation value and basis for calculations to be used for compensation Committee (RIC) payments;  Carry out appraisal of PAPs and PAAs and finalize entitlements for each PAP;  Prepare detailed implementation plan (quarterly) and pay entitlements to PAPs;  Ensure efficient implementation of the RAP;  Ensure that all grievances related to the payments of compensation to PAPs and other stakeholders are promptly addressed in consultation with KSG-NEWMAP SPMU. 10 Community  Perform external monitoring functions to ensure compliance Committees/ with RAP provisions/ requirements; Interest Groups/ Traditional  Support and assist in the mobilization of various relevant grass Authorities root interest groups and stakeholders; (NGOs/CBOs/ CSOs)  Serve and support in the identification of genuine PAPs for compensation payments;

 Assist in resolving grievance of PAPs;

 Provide support to PAPs during pre and post compensation payments;  Select livelihood opportunities to all PAPs and community interest groups;

 Participate in the development approval and implementation of livelihood restoration activities and programs;

 Mobilize and support all vulnerable groups particularly the aged widows, orphans and the disabled to get their compensation entitlements and livelihood support assistance:

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8.2 Institutional Capacity Building Requirements and Costs The result from various consultation meetings with stakeholders suggests that awareness creation and capacity building should be provided through training and education programs. The cost estimates and duration for the training program are outlined in table 8.2. Considering the respectively high level of literacy, public awareness and education amongst the citizenry in the area, a simple training program is suggested for the successful implementation of the RAP.

Table 8.2: Awareness and Capacity Building needs for relevant Stakeholders S/N Duration Subject Target Resources Budget Audience 1 3 days Involuntary Resettlement SPMU Staff a. Full text of OP 1,300,000.00 and Relevant Safeguard 4.12 for each Instruments/Covenants participant World Bank OP 4.12 b. PowerPoint Involuntary Resettlement presentation Gaps between OP 4.12 & Nigerian Land Use Act and how to bridge them Principles of RPF and RAP

 Planning requirements  Implementation requirements  Grievance and Conflict Management and Resolution  Documentation and disclosure requirements  Eligibility and entitlements matrix Monitoring and evaluation of RAP activities and operations. 2 3 days Resettlement Action Plan SPMU, a. PowerPoint 1,300,000.00 Implementation members of presentation Background Resettlement and Grievance b. Associated Resettlement packages Redress Hand-outs Consultations and Committee negotiations with project affected persons (PAPs)

Grievance redress mechanism

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3 1 day Social and Resettlement Contractors, b. PowerPoint 900,000.00 Considerations in Rural SPMU, LG, presentation Development project/ CBOs/CSOs c. Associated Project start up Hand-outs Social and Resettlement aspects arising during construction and operation stages Social and Resettlement Good Practices in public works Community relations in urban project management 4 3 days Public involvement and SPMU, LG, Hand-outs/Fliers 2,740,000 Consultation in RAP Contractors, and RAP Overview relevant RAP Implementation and MDAs, the public Community Community participation Leaders/CBOs/ and consultation NGOs/PAP s Monitoring and evaluation. TOTAL N6,240,000.00

The estimated cost for capacity building for the various agencies and groups to be involved in the implementation of the RAP is Six Million, Two hundred and Forty Thousand Naira (N6, 240,000.00) only.

8.3 RAP Implementation Schedule

8.3.1 Resettlement Activities and Responsibilities The range of activities and management tasks/responsibilities designed to effectively implement the RAP are outlined in Table 8.3. The activities contained in the RAP have to be integrated into various phases of the project construction. The key elements of the implementation schedule are contained in Table 8.3. Construction activities will need to be planned, designed, executed (actual construction works) before commissioning and decommissioning.

Table 8.3: Summary of Resettlement Activities and Responsibility for implementation of the RAP

S/N Project Cycle Phase Activity Responsibilities

1 Planning Scoping and Clearance and final disclosure Consultant supervision screening of the RAP by KSG –NEWMAP SPMU, Review and approval of RAP CBOs/NGOs/SMDAs and implementation guidelines

Development and preparation of livelihood support assistance to PAPs and

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vulnerable groups and other social issues mitigation

WB No-Objection

2 Design Preparation of Consultations and preparation KSG-NEWMAP of the RAP RAP and SPMU, SMDAs, Communication and Consultations awareness on notifications of CBOs/NGOs, LG values, making of offers, payment of compensation Committee modalities, meetings with PAPs on eligibility criteria for payment of compensation. Completion and Training and capacity building Integration Final version of the RAP Inclusion of the RAP in contract documents Capacity building Training WB No-Objection Vetting of request for compulsory land acquisition and issuance of land titles to resettled PAPs Establishment of Resettlement and Compensation Committee, grievance and dispute resolution Committee Procedures for actual dispute resolutions 3 Construction Implementation Taking possession of site KSG-NEWMAP and Monitoring SPMU, SMDAs, LG Coordination of RAP and Committees, social and livelihood activities CBOs/NGOs, Contractors Internal and external monitoring of mitigation measures for social and livelihood impacts for the communities, PAPs and vulnerable groups

Preparation and approval of monitoring and evaluation reports

Non-conformance and corrective actions

Adherence to contractual clauses and obligations regarding this RAP implementation by contractor(s). 4 Operation (Post Operations and Monitoring, evaluation and KSG -NEWMAP

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implementation) Maintenance reporting on social and SPMU, SMDAs, LG livelihood sustainability issues Committee /Staff Post impact auditing CBOs/NGOs, Contractor(s)

8.3.2 Estimated Cost of the RAP Implementation and Funding The total cost implication for the implementation of the RAP is Forty Million, One Hundred and Thirty- Nine Thousand, Four Hundred and Ninety Naira (N40,139,490.00:00) Only (Table 8.4). This sum is expected to cover compensation for assets affected and additional mitigations for livelihood restoration measures including the coordination of additional mitigation activities, grievance management as well as compensation commissions.

Table 8.4: Budget Estimate for the RAP Implementation S/No. Item Cost(N) Total A1 Compensation: Agricultural Crops 370,000.00 Land/Structures 28,170,900.00 Sub-total 28,540,900.00 B Additional Mitigation Livelihood measures/assistance for 624,000.00 vulnerable group Grievance Redress Management 100,000.00 Sub-total 724,000.00 C Implementation Compensation commission 320,000.00 Capacity building/Institutional 6,240,000.00 strengthening Disclosure 500,000.00 Management 200,000.00 Sub-total N7,260,000.00 E Add Contingencies (10%) N 3,615,490.00 Grand Total N40,139,490.00 Allow time for annual/seasonal crop owners to harvest their crops. Careful management of the site based on 5m setback will reduce compensation amount.

The total cost of RAP is Forty Million, One Hundred and Thirty-Nine Thousand, Four Hundred and Ninety Naira (N40, 139,490.00) only.

8.3.3 Sources of Fund The source of fund for the compensation and mitigation measures including the overall implementation of this RAP is Kogi State Project Management Unit (KG-SPMU) of NEWMAP.

8.3.4 Implementation Timetable Before any project activity is implemented, PAPs will need to be compensated in accordance with this RAP and the resettlement policy framework.

The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs and Social Livelihood Officers. These include the target dates for start and

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completion of all compensation payment before commencement of construction work. The major component tasks for the RAP are outlined in Table 8.5

Table 8.5: Major Component Tasks and Schedule for the RAP Implementation

ACTIVITIES 2017 2018 2019 REMARKS

NOV DEC JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC JAN FEB MARCH APRIL MAY JUNE Consultation Nov 2017- /community March 2018 participation and information to people affected cut-off date announcement census and survey analysis

date and verification of

impacts

RAP Approval April - August

2018

Disclosure of RAP Sept. – Oct.

2018 RAP implementation Nov. 2018 including payment of compensation and or

supplementary

assistance Implementation/ civil Nov. - Feb 2019

work, commencement

of project

Mark-up visit by March 2019

stakeholder/SPMU

Economic Restoration April - June

Assessment 2019

8.4. Coordination with Civil Works The resettlement program will be co-coordinated with the timing of civil works. The required coordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of cleared RoW sections to project contractors. The timing mechanism of this RAP ensures that no PAP is displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for the PAPs.

The project will adhere to the following important principles in its implementation:  No construction should be undertaken unless PAPs have received their resettlement entitlements in accordance with this RAP.  Information sharing and consultations with PAPs will continue throughout the planning and implementation phase of the project, including the relocation and the restoration of livelihoods.  A completion survey of the delivery of compensation and resettlement entitlements will be undertaken as per this RAP and other relevant instrument prepared for the project.  The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs such as;

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- target dates for start and completion of civil works, and - dates of possession of land that PAPs are using.

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CHAPTER NINE GRIEVIANCE REDRESS MECHANISM

9.0 Introduction Grievance is a common phenomenon in involuntary resettlement, which if not amicable and timely resolved, invariably gives rise to local resistance, political tension and unnecessary delays in executing developmental projects. A grievance redress mechanism for the Project is aimed at addressing any legitimate concern of PAPs who consider themselves deprived of appropriate treatment under the project. The mechanism includes: i. A recording and reporting system including grievances filled both verbally and in writing. ii. Staff with responsibility at various level of government and iii. A time frame to address the filled grievance

9.1 Grievance Redress Process There is no one-size-fits-all procedure for grievance resolution; the best solutions to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural contexts, local customs and project conditions and scale. The procedure to be adopted for grievance resolution for this RAP is as spelt out in the grievance log (Appendix 13), which indicates as follows:

a. Receive and register a complaint. b. Screen and assess the complaint. c. Attempt alternative responses. d. Decide on the best approach or response based on agreed criteria e. Implement the approach f. Announce the result g. Track and evaluate the results h. Learn from the experience and communicate back to all parties involved. i. Prepare a timely report to Management on the nature and resolution of grievances.

9.2 Stages in the Grievance Redress Process Stage 1: Community Grievance Committee; This will be coordinated by a representative of the Focal NGO, other members will be drawn as follows: - Two (2) representatives from Community Association, - A representative from the Onoba (Ward Head), - A representative from the LGA, - A representative from the Department of Lands and Survey in the Local Government and - The Social and Livelihood Officer of the SPMU as the Secretary This is the first stage of grievance uptake. Aggrieved persons should lodge their complaints in the Grievance Complain Box that will be situated at the residence of the Ward Head from where the Focal NGO can access the complaints. This Committee is expected to contact the aggrieved person and resolve the issues within two (2) weeks of receiving the complaint. The decision reached should be communicated to the aggrieved person and the SPMU in writing within the stipulated time. In the event that the aggrieved person is dissatisfied with the decision reached by this Committee, he/she should proceed to the second grievance redress committee.

Stage 2: The Project Management Unit GRS This Committee will be coordinated by the Project Coordinator, Kogi State SPMU, and members of the Committee shall include: - One representative from the department of flood and erosion control in the Ministry of Environment and Natural Resources.

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- One representative from the Ministry of Lands and Survey - A representative from the Focal NGO - The Project Accountant - The Project Environmental Officer, - The Project Operations Officer and, - The SLO as the Secretary. This Committee is expected to verify the complaint made by the PAP in consultation with the aggrieved person. Solutions to the issues should be resolved within two (2) weeks of receiving the complaint. PAPs are provided with Kogi State NEWMAP official line for enquiries and registering of complaints in addition to documented complaint (+234 810 946 7464). Where the aggrieved person is dissatisfied with the decision of this Committee, he/she should proceed to the third higher level Committee.

Stage 3: NEWMAP Steering and Technical Committee This Committee will be coordinated by the Hon. Commissioner or the Permanent Secretary in the Ministry of Environment and Natural Resources. Other members will be: - Two (2) representatives of PAPs - A representative of the Focal NGO - The Social and Livelihood Specialist from the FPMU - A representative of the Umbrella NGO or Ombudsman - Social and Livelihood Officers from 2 neighbouring NEWMAP states and, - The Project Coordinator of the SPMU as the Secretary Complaints received by this Committee should be resolved within one (1) month of receiving the complaint. Decisions reached at this stage are expected to put an end to the matter under contention. However, if the aggrieved person is still dissatisfied, he/she should be referred to the judicial courts for further redress.

9.3 Procedure for Registering a Complaint The procedure for reporting grievances is specified below: a) The affected person files his/her grievance, relating to any issue associated with the resettlement process or compensation, in writing or phone to the project Resettlement Committee (Phone numbers will be provided by the SPMU). Where it is written, the grievance note should be signed and dated by the aggrieved person. And where it is phone, the receiver should document every detail. b) A selected member of the Site Committee will act as the Project Liaison Officer who will be the direct liaison with PAPs in collaboration with an independent agency/NGO person in order to ensure objectivity in the grievance process. c) Where the affected person is unable to write, the local Project Liaison Officer will write the note on behalf of the aggrieved person. d) Any informal grievances will also be documented.

Due registration of a complaint or grievance by the grievance redress officer is good for reference purposes and for making progress updates. Consequently, a registration format should capture the complainant personal data, date the complainant is reported, date the grievance log was uploaded onto the project database, date information on proposed correct action is sent to the complainant and the date the case or complaint is closed out.

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9.4 Grievance Log and Response Time The process of grievance redress will start with registration of the grievances to be addressed, for reference purposes and to enable progress updates of the cases. Thus, a Grievance Form will be filed with the Grievance Redress Committee by the person affected by the project. The Form/Log (Table 9.1) should contain a record of the person responsible for an individual complaint, and records dates for the date the complaint was reported; date the Grievance Log was uploaded onto the project database; date information on proposed corrective action sent to complainant (if appropriate), the date the complaint was closed out and the date response was sent to complainant.

The Project Liaison officer working with the local Government Desk Officer in recording all grievances will ensure that each complaint has an individual reference number, and is appropriately tracked and recorded actions are completed.

The response time will depend on the issue to be addressed but it should be addressed with efficiency and will not last more than ten working days. The Grievance committee will act on it within 10 working days of receipt of grievances. If no amicable solution is reached, or the affected person does not receive a response within 15 working days, the affected person can appeal to a designated office in the SPMU, which should act on the grievance within 15 working days of its filing.

Table 9.1: A Typical Reporting Format for Grievance Redress Community project & Type of Grievance Grievance Resolution Name of Complainant

Affected but not informed about Compensation awarded Compensation not paid before Resettlement benefits awarded not providedare Other of Date Complaint receivedDate Pending referredCase to the court Community Project 1 Complainant A Complainant B Complainant C Community Project 2 Complainant D Complainant E TOTAL

9.5 Monitoring Complaints The Project Liaison Officer will be responsible for:  providing the grievance Committee with a weekly report detailing the number and status of complaints  any outstanding issues to be addressed  monthly reports, including analysis of the type of complaints, levels of complaints, actions to reduce complaints and initiator of such action.

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CHAPTER TEN MONITORING AND EVALUATION

10.1 Introduction To establish effectiveness of all the resettlement activities, this Monitoring and Evaluation (M&E) procedure for the RAP has been designed. With this, it is possible to readily identify problems and successes as early as possible.

Monitoring involves periodic checking to ascertain whether activities are going according to the plan. It provides the feedback necessary for the project management to keep the programmes on schedule. By contrast, evaluation is essentially a summing up, the end of the project assessment of whether those activities actually achieved their intended aims.

10.2 Purpose of Monitoring

The purpose of monitoring is to provide project management, and directly affect persons with timely, concise, indicative information on whether compensation, resettlement and other impact mitigation measures are on track to achieve sustainable restoration and improvement in the welfare of the affected people, or that adjustments are needed.

In short, monitoring answers the question: Are project compensation, resettlement and other impact mitigation measures on time and having the intended effects?

Monitoring verifies that: • Actions and commitments for compensation, resettlement, land access, and development in the RAP are implemented fully and on time • Eligible project affected people receive their full compensation on time, prior to the start of the main project activities on the corridors; • RAP actions and compensation measures have helped the people who sought cash compensation in restoring their lost incomes and in sustaining/improving pre-project living standards; • Compensation and livelihood investments are achieving sustainable restoration and improvement in the welfare of Project-Affected persons and communities • Complaints and grievances are follow up with appropriate corrective action and, where necessary, appropriate corrective actions are taken; if necessary, change in RAP procedure are made to improve delivery of entitlements to project affected people. • Vulnerable persons are tracked and assisted as necessary

10.3 Components and Elements of the Monitoring Plan In order to fully deliver on the commitments and objectives of this RAP, the following components and elements of the RAP are to be effectively monitored. a. Actions and commitments towards the payment of compensation b. Measures to mitigate adverse social impacts c. Livelihood support assistance to PAPs d. Implementation or contractual responsibility to project-based community e. Regular consultation and communication with PAPs. f. Gender and vulnerable person‘s livelihood restoration activities g. Active participation of youths in construction work/activities

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10.4 Monitoring Framework (Internal and External) Monitoring will consist of: a. Internal monitoring by the SPMU as an integral part of its management activities working with the impacted communities; and b. External monitoring by CBOs/NGOs/traditional authorities and other stakeholders, working with the impacted communities.

10.4.1 Internal Monitoring Internal monitoring activities must be carried out simultaneously with the implementation of the RAP. This will assure mainstreaming of social and livelihood issues with construction activities.

The objectives of the internal monitoring are: i. Daily operations planning; ii. ii. Management and implementation and iii. Operational trouble shooting and feedback.

The periodicity of internal monitoring will be daily or weekly depending on the issues and level of impacts or changes going on or taking place. All aspects of internal M&E shall be supervised by the SPMU Management Team and should provide high level evaluation of internal performance and impact monitoring and other reports. The management team will be supplemented by staff with appropriate skills to carry out: a. RAP project resettlement requirements as defined by this RAP; b. Gathering and presentation of additional monitoring indicators to be used; c. Reporting requirements and formats for daily, weekly and monthly updates. d. Appraisal of RAPs and full payment of compensation e. Livelihood support assistance to PAPs f. Progress updates on the implementation of women and vulnerable persons‘ action plan g. Implementation of contractual responsibility to project-based communities and PAPs h. Social and livelihood sustainability issues

Regular progress reports shall be prepared and submitted to SPMU Management by the Social Livelihood Officer (SLO). The internal monitoring will look at inputs, processes and outcomes of compensation/resettlement/other impact mitigation measures.

Process and output monitoring functions will ensure that there is regular a. Assessment of program implementation strategies and methodologies b. Review of lessons learnt and best practices and provide recommendations to strengthen the design and implementation of RAP c. Communication with the affected communities d. Agreement on resettlement and compensation policy, procedures, and rates e. Performance of livelihood program delivery and uptake f. Implementation of grievance resolution once conflicts arise

10.4.2 External Monitoring/Evaluation External monitoring and or evaluation of PAP activities will deliver the objectives of compliance and effect monitoring that is: - a. Ensure that project implementation is in conformity with RAP objectives and procedures b. Ensure that impact of project implementation on baseline poverty levels and other livelihood issues are monitored c. Assure that resettlement objectives are met d. Compensation payments and benefits are paid promptly

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e. Social and livelihood parameters are compared with baseline conditions and, f. Guarantees effectiveness of existing community structures- CBOs/NGOs/various project implementation committees.

10.5 Monitoring Parameters/Indicators Indicator that will be monitored broadly centre around delivery of compensation, resolution of grievances, land access, increase or decrease in PAPs assets, social stability, health, level of satisfaction and number of project affected persons that benefit from the livelihood restoration programs. Specifically some monitoring indicators for this RAP are outlined in Table 10.1.

Table 10.1: Monitoring Indicators/Parameters Indicators Variables Consultation Number of people reached or accessing information, information And Reach out requests, and issues raised, etc. Number of local CBOs participating in the project implementation. Compensation and Physical progress of compensation and assistance, number of PAPs affected establishment of (land, trees, and crops), number of PAPs compensated by type of loss, Interest Groups amount compensated by type and owner, number of replacement assets recovered, and compensation disbursement to the correct parties. Socio-economic Level of income and standard of living of the PAPs. Number of income Changes restored, improved or declined from the pre-displacement levels. Training Number of SPMU and RAP committee members trained Grievance redress No. of cases referred to GRC mechanism No. of cases settled by CRC No. of cases pending with CRC Average time taken for settlement of cases No. of CRC meetings /No. of PAPs moved to the court No. of pending cases with the court No. of cases settled by the court Overall Effectiveness of compensation delivery system Management Timely disbursement of compensation; Census and asset verification/quantification procedures in place; Co- ordination between local community structures, PAPs and SPMU

10.6 Reporting RAP monitoring reports will be prepared for the following tasks: Internal monitoring, External monitoring, Completion audit & Compensation. SPMU will use a device such as a bar chart/Gantt chart or MS Project table to assess and present information on progress of time bound actions.

Performance monitoring reports for the SPMU RAP management team will be prepared at regular intervals (monthly), beginning with the commencement of any activities related to resettlement, including income restoration. These reports will summarize information that is collected and compiled in the quarterly narrative status and compensation disbursement reports and highlight key issues that have arisen. As a result of the monitoring of inputs, processes, outputs and outcomes of RAP activities, project management will be advised of necessary improvements in the implementation of the RAP.

10.7 Completion Audit SPMU shall commission an external party to undertake an evaluation of RAPs physical input to ensure and assess whether the outcome of RAP complies with the involuntary resettlement policy of the World Bank. The completion audit should bring to closure SPMU‘s liability for resettlement.

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BIBLIOGRAPHY

Abbreviated Resettlement Action Plan (ARAP) for the construction of Alternate Bridge at (Km 7 + 350) along Enugu Road, Emene (2012)

Environmental and Social Management Plan (ESMP) for Asu-Umunaga Flood Site (Manuscript) (2015)

Environmental and Social Management Framework for the Nigeria Erosion and Watershed Management Project

International Finance Cooperation (IFC), Handbook for preparing a Resettlement Action Plan Land Use Act (1978), Federal Republic of Nigeria.

Project Appraisal Document (2011) Growth and Employment in States Project.

Project Appraisal Document for Nigeria Erosion and Watershed Management Project

Project Implementation Manual for Nigeria Erosion and Watershed Management Project

Proposed Project Restructuring of Nigeria Growth and Employment in States Project (2013)

Resettlement Action Plan (RAP) for Ethiopia-Kenya Power Systems Interconnection Project (KETRACO 2012)

Resettlement Action Plan (RAP) for Ganga River Front Development Project (BUIDCO). 2013

Resettlement Action Plan (RAP) for the Rehabilitation Amachalla Gully Erosion Site (2013).

Resettlement Action Plan (RAP) for the Asu-umunaga Flood Intervention Site (2015) (Draft).

Resettlement Policy Framework (2010), Growth and Employment for States Project

Resettlement Policy Framework for Nigeria Erosion and Watershed Management Project

World Bank (2000), Resettlement and Rehabilitation Guidebook, Washington DC

World Bank (2001), Operational Policies: Involuntary Resettlement OP.4.12 and Annex.

World Bank Environmental and Social Frame Work 2017, Washington DC

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APPENDICES Appendix 1: MINUTES OF PUBLIC CONSULTATION MEETING ORGANIZED BY RAP CONSULTANT FOR KOGI STATE NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT

S/NO. AGENDA DESCRIPTION 1 Community Agassa 2 Date 26/01/2018 3 Venue Agassa LGEA community School compound 4 Time 11:50am 5 Language of English interpreted to Ebira by Mall. Idris Saheed Communication 6 Attendance The attendance list is as attached 7 Participants  RAP Consultant and his team  RAP Field Officers and Supervisors  The Estate Surveyor & Valuer  Agassa Community Association Leaders and Members  Agassa NEWMAP Site Committee Members  Agassa Chiefs and Elders  Agassa Village/Clan Heads and Representatives  Agassa Women Leaders and Representatives  Agassa Youth Leader and Representative  Vulnerable Group  Landlords, Land Owners and Tenants Living along the corridor 8 Opening Prayer On arrival of the Consultant and his team, the people of Agassa were already seated. The opening prayer was said by Elder Salami Ariko and the meeting started. 9 Opening The RAP consultant, Dr. Femi Olaitan greeted and welcomed the people. He Remarks introduced himself and the consulting team to the people. 10 Consultant‘s The RAP consultant, Dr. Femi Olaitan started by introducing his team and Speech thanks the participants for their patience. He emphasized that NEWMAP project is aimed at making the environment a better place for everybody through control of erosion site in all the communities. He also said that his civil works may affect shops, economic trees, buildings and properties along the corridor of the Erosion Gully. He also stated that government will assist in reconstructing any affected properties. Hence, the Resettlement Action Plan (RAP) will beg for the cooperation of the people to make the work a success. The consultant also informed them that any other improvement on the affected properties after evaluation will not be considered for compensation. 11 Consultant‘s The following basic questions were asked by the consultant Questions and Question 1: Please can you give us a brief history of the erosion site including Responses from its cause? Community Members Response: . Yakubu Bello said that when he was growing up, the erosion was still small but now it has increased leading to loss of lives. He said the erosion was as a result of flood from the hill side which flows down to the community thereby causing havoc and continuously widening down to the river. . Yusuf Momoh said heavy flood flows down from the top part of the community, widening the gully and increasing its menace. He was a victim of this menace as he lost his house to flood even after spending a lot to procure trips of stone to stop the menace and no one came to his rescue. Question 2: Are you aware of the proposed NEWMAP intervention? Response: The community said Yes Question 3: Are the people of the community happy with the project? Response: Yes Question 4: Are you willing to support the project to its completion? Response: They responded Yes Question 5: Do you believe you are the ones to benefit from this project? Response: They answered Yes Question 6: What would the community do to person(s) that would want to

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stop this project? Responses: . Mr. Sunday E. Sanni said they will banish him from town. . Mr. Yusuf Momoh said they will report such person to the community leaders who will rebuke the person. . Salami Ismaila said they will set up a vigilante group that will protect the worker/team. . Mr. Enemo Ajayi said they will mobilize themselves in prayers and commit such persons to God. Question 7: What kind of challenges including resistance from local people do you think NEWMAP including their consultants and contractors might face during the project implementation (construction and operation)? Response: . Mr. Yusuf Oseni said one of the challenges that the contractors might face is if the civil work starts without proper compensation/resettlement of people whose assets might be destroyed as the project is being done. Question 8: Is there any dispute in the community that may stall the project? Responses: They replied No Question 9: What are the existing dispute settlement instruments in the community? Responses: Mrs. Salihu Kadijat said they have traditional leaders and chiefs who they report matters to and they resolve it amicably. Question 10: Are you concerned that this project may not be completed? Responses: . Mrs. Oseni Fati said they are entertaining fear because when such projects start they are not always completed, she cited some project like rural electricity and borehole project in the community. . Mr. Yusuf Oseni said he believes in the project 12 Comments, Question 1: Mr. David Aroke asked for clarification on how the capturing for Questions and PAP (Project Affected Person) will be carried out? Answers Response: The Consultant responded by saying that it is only those whose assets are along the project corridor which might be affected are those qualified to be captured with the asset they are claiming for compensation. He said adequate information and sensitization will be made before the enumeration starts so that the rightful owners of the assets will be aware of what is going on, as there is no room for representation. 13 FGD There was an in-depth Focal Group Discussion concurrently for the Elders/Men, women, and youth, in order to ascertain their own opinion, concerns, support and interest on the intervention. There was group photograph after the FGD. 14 Vote of Mr. Saeed Idris, the Community Association chairman thanked the Thanks/Closing Consultant, his team members, KSG-NEWMAP, Federal Government of Remark Nigeria and World Bank for their intervention because flood has always been a perennial problem and its effect has been devastating on the community he stated. He promised that they will support the project. He prayed for God‘s blessings on all partners involved in NEWMAP work and wished the consultant and his team journey mercies. 15 Closing Prayer Closing Prayer was said by Mallam Momoh Isa 16 Field Officers Mr. Muhammed Jamiu Muhammed Mr. Abbas Suleiman Omeiza Onivehu Mr. Matthew Yakubu Onuvava Mr. Obenege Suleiman Dr. (Mrs) Ngozi Johnson

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Appendix 2: FOCAL GROUP DISCUSSION (FGD) An in-depth Focal Group Discussion (FGD) was held after the consultation with the elders, men, women and youths of Agassa Community to ascertain the specific concerns about the intervention project. The result of the FGD meeting is summarised below:

SUMMARY OF FOCAL GROUP DISCUSSION Category of People Questions from Consultant and Responses from the Community His Team Members.

Elders/Men of Agassa Do we have existing shrine that Elder Salami Airkochunu answered yes Community this project is likely to affect and he called Ahachi - aba at AgassaUvete.

He said that relocation may not be applicable as there is no physical object to be relocated aside water body, but noted that appeasement of the god may be inevitable after due consultation with the custodian.

Do Elders accept the project. Another elder, Ismaila Umar, responded in affirmation after they all echoed yes. The consultant expressed his joy saying that with this responses men and equipment on site will be saved.

Is there any graveyard within the There was confusion after some silence as erosion corridor. regards if any, but eventually the Erosion committee Chairman, Mallam Saeed Idris confirmed one from the family of Abdulazeez.

Do you have any concern as Abdulkarim Ajayi expressed fears on regards how well you think the whether the people from the area will be project should be executed engaged. He advised that the contractor should engage the people from the area and ensure that qualitative work is done.

What particular role will men Hon. Abdulkarim Ajayi said that, the men played in the project will be very much on ground to monitor and help the contractor in any way possible. He advice that due to the ability of the erosion to separate families and communities, bridges and walkways should be constructed

What tradition or cultural Elder Salami Arikochunu, mention that prohibitions do you want us to some of the community prohibitions know about. includes going near their wives and daughters without their consent. Women worker are not allow to witness all the right masquerade festivals and men stranger should avoid participation in the Echane festival in order not to be beaten up.

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Who should be the recipient of Mallam Yakubu O. Zubair said that the the claim in case of head of the house is entitled to the claim compensations on behalf of the household but in case of death, his eldest child will be entitled to the claim.

The consultant thanks the elders for their patience and understanding

Women of Agassa Are you aware that NEWMAP They chorused Yes. Mama Awawu intervention project is coming to Sumaila said they are patiently waiting Agassa

Do you all like the project Yakubu Bilikis said Yes

Do you think the project will They all chorused Yes and Yakubu Bilikis benefits you all added that they are patiently waiting and praying

What would be your We are praying and prepared to support contributions the project in any possible way particularly by cooking food for them to buy so as to prevent them from going too far to get food

Is there any dispute in the They all echoed no community that is likely to hinder the project execution

Is the community willing to take They all said Yes the ownership and ensure it completion

What will you recommend to Mama Awawu Sumaila said that they are ensure smooth completion of already working towards making the the project project a successful one by stopping people from dumping refuse on the erosion site. She advised the contractor to provide refuse dump site and incinerator for proper refuse disposer.

The consultant, thank the women for their understanding.

Youth of Agassa Are the youths aware of the They all said yes and Yakubu O. Zubair oncoming project in Agassa said very well

Are you willing to support the Obaro Nasiru, said Yes project.

Are you ready to secure the Muhammed Jamiu Muhammed said Yes human and equipment

What particular role will the We will make sure that the human and youth played during the project equipment of the contractor are safe and executive prepared to work with them, said Tijani Abdulsalam

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What in your own thinking can Asuku Jamiu said, giving work that cause trouble between you and members of the community can handle to the contractor other people outside our community can cause trouble. Another issue that can cause problem is when the contractor refuses to pay wages and salaries as and when due

There was observation from Saka Itopa Dahiru, the site committee Chairman observed that, their youth should be engaged in carrying out the project.

The consultant Dr. Femi Olaitan expresses his gratitude to the entire community members for their patience, understanding and cooperation.

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Appendix 2a

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APPENDIX 2B RESETTLEMENT ACTION PLAN (RAP) FOR AGASSA EROSION SITES SOCIO-ECONOMIC SURVEY QUESTIONNAIRE

APPENDIX 2c

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Appendix 3: Safeguard Instruments Prepared for the Proposed Works

S/No. Safeguard Focus Remarks Instrument Environmental  Used as a practical tool during program formulation, design, the ESMP and Social implementation and monitoring. prepared with this Management  Describes the steps involved in identifying and mitigating the Triggered along Frameworks potential adverse environmental and social impacts of future with RAP 1. (ESMF) investment activities.  Provides guidance in cases where the screening results indicate that a separate Environmental and Social Impact Assessment (ESIA) or an Environmental Management Plan is required. Resettlement  Provides the direction to all actors involved in sub-projects Triggered this Policy implementation, for the identification of resettlement implications Standalone Framework and measures to adopt to minimize or address resettlement issues Resettlement (RPF) created by each sub-project. Action  Set out the policies, principles, institutional arrangements, Plan in relation to schedules and indicative budgets that will take care of any the proposed anticipated resettlements. The arrangements ensure that there is a works systematic process (as against an hoc one) for the different stages of the implementation of a framework that assures participation of affected persons, involvement of relevant institutions and stakeholders, adherence to both World Bank and Government 2 procedures and requirements, and outline compensation for affected persons.  Provides the framework within which Resettlement Action Plans! Resettlement Action Plans are developed when the project is certain of the locations and specific impacts of the sub-projects.  Contains a screening /checklist for determining whether WB OP 4.12 is triggered or not it also provides procedures and guidelines to be followed when the policy is triggered. That is. contains a practical tool (e.g. screening checklist) to guide the preparation of Resettlement Action Plans (RAP) for sub-projects during the implementation of the comprehensive programme. Environmental  Screening— Defined the level & Social  First step in the initial assessment of the possible of impacts and Screening & environmental impacts of the proposed project. thus the Scoping  The purpose of the environmental/social screening is to ESIA identify if the road rehabilitation project requires an ESIA through the elimination of irrelevant environmental issues and focusing on potentially significant issues at the planning and design stages. 3  Scoping • Assist to identify the Issues that are likely of most importance during the ESIA and eliminates those that are of little concern; • Appropriate time and space boundaries of the ESIA study; • Information necessary for decision-making; and, Significant effects and factors to be studied in detail • Critical step in the preparation of an in determining the terms of reference (TOR) of the ESIA/ESMP. Environmental  Ensures sustainable development and/or to ensures compliance ESMP is being and Social with local, regional and international regulations relating to currently prepared Impact environmental protection and conservation. along with this 4 Assessment  Provides framework for gathering and documenting information RAP (ESIA)/ESMP and views on the environmental consequences of activities so that the importance of the effects and the scope of enhancing, modifying and mitigating them can be properly evaluated

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Appendix 4: Approach/Methodology of RAP Preparation Approach/Methodology of RAP Preparation. The strategy/methodology for the preparation of the RAP took into cognisance the Terms of Reference and/Scope of Work defined in the Request for Proposals for this RAP. This RAP was prepared in accordance with applicable World Bank safeguard policies and Nigerian Land Use Act. The distinct phases for preparing the proposed RAP include: Literature review; Public Consultation, Data Gathering, Inventory of affected assets, census of project affected persons, valuation of assets and quantification of compensation. Also, the study assessed the capacity of SPMU and other implementing institutions.

1. Literature Review A review of the relevant literature was carried out with a view to gaining a further and deeper understanding of the project and the social conditions that exist along the gully corridors and the communities buffering the targeted area generally. This included reviewing the Project-specific.

Background documents such as: • Environmental and Social Management Framework • Resettlement Policy Framework • NEWMAP Project Appraisal Document (PAD); • NEWMAP Project Implementation Manual (PIM) • World Bank safeguards policies • Intervention design - Detailed engineering designs and high resolution digital imagery for the site, complimented by the deployment of Differential Geographic Positioning System(GPS) on ground to obtain spatial data. Other relevant documents were also reviewed such as recent World Bank projects in and elsewhere (other countries) where there have been resettlements and affected populations as their potentially is under the NEWMAP project, publications on land acquisition, compensation that bears relevance to the RAP, United Nations (2006) Human Development Report, National Bureau of Statistics (2009) Social Statistics in Nigeria, Nigeria Land use Act and other National laws, World Bank Operational Policies, etc.

2. Stakeholders/Public Consultation Stakeholders, for the purpose of this project, were defined as all those people and institutions that have interests in the planning and execution of the project. This includes those positively and negatively affected by the project. The local community participated in the design of the subproject and the choices made along the way through their assistance with the provision of historical background on the watershed, the gully erosion formation, and storm water flow challenges as well as local efforts to manage the situations, etc.

Several discussions and meetings were held in the field and off the field with relevant stakeholders, especially with project affected persons, individuals, community leaders, and the local government officials to seek their opinion on the resettlement issues and the impact of the project. The essence was to ensure a broad-based partnership for achieving harmonious working relationship for implementing and monitoring the project with successful outcomes.

Different methods of communication to reach the stakeholders included face to face meeting, telephones and e-mails in order to identify the left out PAPs, assess the situation and thus develop appropriate compensation mechanism.

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3 Data Gathering (Field Work) The data gathering involve visits to various government offices at federal and state levels, private libraries, internet searches, etc. to obtain relevant information.

A spatial analysis of the features along the gully corridor was carried out with physical assessment and measurement supported with the aid of Geographical Information System (GIS), complimented by the deployment of Differential Geographic Positioning System(GPS) on ground to obtain spatial data. The corridor was directly obtained on ground with the Differential GPS with the gully shoulders/offset from the edges with a setback of 5meters. These were then plotted directly to obtain the Corridor Map of Agassa as indicated for the affected assets. This enabled identification and physical count of the features that falls within each buffer ring categories as shown.

As a point of emphasis, for the purpose of planning, a 5-meter setback of offset from the gully edge was used for the alignment as the areas of impact as made known by the Engineering Specialist. During project implementation and when the final design is ready, it is expected that the population should be kept informed as plans evolved and, when the final design is ready. The affected area should be marked off with pickets or flags before actually engineering work at the site.

The field work also included socio-economic survey, census of potential project affected persons, etc. Based on the engineering design for the proposed action, a detailed household census and inventory of fixed assets was carried out within the polygon affected by the proposed project works, with a survey of each household, farm business affected by the project, including temporary structures such as kiosks or squatters‘ shacks.

Furthermore, detailed information on the families, kin groups, business employees and others who occupy or use the land for their livelihood were collected including basic demographic data on age, sex, occupation, livelihood, income, educational level, and preference for resettlement.

The inventory of assets included the size and construction of dwellings, other buildings, wells and other infrastructure such as fencing, permanent crops such as fruit trees. Each structure was geo-referenced and located on a map.

As much as possible, public infrastructure were recorded and mapped together with information on the catchment areas of people who frequent these institutions.

In addition to the census and inventory of assets, the responsible team will carry out socioeconomic assessment of the affected community or communities. Among the topics that should be investigated are economic and ethnic differences within the community, the livelihoods of the affected people, the social ties that bind the community together (such as kinship, friendship, ethnic ties, debt-credit relationships), conflicts within the community and with other communities, and other pertinent social characteristics that characterize the affected community.

The analysis should focus on how the sub-project will impact on the community and also how these features of local society can be mobilized to implement the program in the best possible way. It was considered necessary to identify vulnerable people who may need additional support such as widows, orphans, female-headed households, the elderly, persons with disabilities, etc. Regardless of the form of compensation adopted, special consideration needs to be given to vulnerable people who lack an

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alternative means of social support. This requires the presence of social specialists on the scene, before, during and after the actual move to ensure that some people are not driven back into poverty and misery.

Final Copy of Resettlement Action Plan for Agassa Gully Erosion Site Plate 1: Some enumeration exercise with members of the Community 4 Cut-off Date The Census cut-off date refers to the date after which PAPs will NOT be considered eligible for compensation, i.e. they are not included in the list of PAPs as defined before the socio-economic survey of the PAPs ended. At the conclusion of the census, the cut-off date was declared on December 10, 2017, after which no newly arrived persons or families will be eligible for resettlement benefits. In addition, improvements to housing etc. made after the date will not be eligible for compensation (repairs, such as fixing a leaky roof, are permissible). The cut-off date was announced and made known through appropriate traditional means of reaching-out during the community awareness campaigns at site level and through the local government.

The cut-off date was intended to prevent speculation and rent-seeking in order to become eligible for additional resettlement benefits. This is especially more so bearing in mind the time period between the cut-off date and the time actual productive investments would start, and that only after PAPs have been compensated according to the requirements of this RAP. Nevertheless, if the project is not initiated before two years elapsed after declaration of a cut-off date, an updated census and evaluation of properties/assets must be carried out.

5 Eligibility Matrix Construction Based on the data collected, an eligibility matrix that matches different categories of displaced people or land losses with specific entitlements designed to compensate people for losses caused by project works was constructed.

6 Damage and Loss Assessment (DaLA) To assess damage and losses of economic assets identified, the Damage and Loss Assessment (DaLA) Methodology was adopted. DaLA is a flexible, comprehensive damage and loss assessment methodological tool presently used by the World Bank for the estimation of overall impacts such as that caused by disaster. The tool which captures the closest approximation of damage and losses is in line with World Bank Op 4.12 provisions on involuntary resettlement.

The DaLA Methodology bases its assessments on the overall economy of the affected area. It uses the national/location accounts and statistics as baseline data to assess damage and loss. It also factors on the impact of disasters on individual livelihoods and incomes to fully define the needs for recovery and reconstruction.

The tool analyses three main aspects: • Damage (direct impact) refers to the impact on assets, stock, and property, valued at agreed replacement (not reconstruction) unit prices. The assessment should consider the level of damage (whether an asset can be rehabilitated/repaired, or has been completely destroyed). • Losses (indirect impact) refer to flows that will be affected, such as reduced incomes, increased expenditures, etc. over the time period until the assets are recovered. These will be quantified at present value. The definition of the time period is critical. If the recovery takes longer than expected, losses might increase significantly. • Economic effects (sometimes called secondary impacts) include fiscal impacts, implications for GDP growth, etc. This analysis can also be applied at sub-national level.

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Appendix 4.1: Analysis of Socio-economic background of PAPs shows: PAPs Education Attainment The level of educational attainment of PAPs indicate that 48.2% do not have formal education while 17.1 are graduates. Table Showing Level of Education

Qualification Frequency Percentage B.Sc./HND 7 17.5 NCE 3 7.5 ND 0 0 SSCE 6 15 FSLC 5 12.5 No Formal 19 47.5 Total 40 100

Educational Level 120 100 80 60 40 20 0

Income The monthly income of PAPs shows that 68% earn less than N19,000.00, an indication of the level of poverty of the PAPs.

Income (N) Frequency Percentage

0 – 19,000 27 67.5 20,000 – 39,000 3 7.5 40,000 – 59,000 4 10 60,000 – 89,000 5 12.5 90,000 and above 1 2.5 Total 40 100

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PERCENTAGE INCOME DISTRIBUTION

67.5 100

7.5 10 12.5 2.5 0 – 20,000 – 19,000 40,000 – 39,000 60,000 – 90,000 59,000 Total 89,000 and above

Gender

In terms of gender distribution, 85% of the PAPs are males while 15% are females

GENDER FREQUENCY PERCENTAGE

Female 6 15 Male 34 85 Total 40 100

Gender

Female Male

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Occupation PAPs are generally engaged in productive occupations and spread in diverse professions indicated below

Occupation Frequency Percentage Trader 10 25 Retiree 4 10 Civil Servant 6 15 Schooling 2 5 Engineer 1 2.5 Farmer 14 35 Teacher 2 5 Tailoring 1 2.5 Total 40 100

OCCUPATIONAL DISTRIBUTION

100 80 60 40 20 0

Appendix 5: SUMMARY OF VALUATION FOR RESETTLEMENT ACTION PLAN FOR AGASSA COMMUNITY

S/No PROPERTY PAP NAME PROPERTY PHONE AGE SEX ADDRESS UNIT VALUE . CODE DESCRIPTION NO. COST (N) OF ASSET /M2 01. KGNM/AGAS Abdulmumuni Portion of cement 07039053006 55 M AGASSA 20,123.87 623,840 SA/17/001 Ocheche block wall fence affected on opposite sides. The fence is not plastered but newly built. Artesian well, Economic trees & cash crops It has also external work (drainage of 10.82m) measuring 31m2 02. KGNM/AGAS Mr. Ewenyi An orchard 08069006874 80 M AGASSA 5,520.0 552,000 SA/17/002 Gomina containing matured /tree stand 50 palm

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tree,Moringa coconut and other ornamental tree 03. KGNM/AGAS Amina Sunday Ground beam with 08138635143 40 F AGASSA 10,416.0 156,240 SA/17/003 concrete footing measuring 15m2 04. KGNM/AGAS Yahaya Suleiman Fence on a 07050257906 80 M AGASSA 20,982.95 398,676 SA/17/004 retaining wall measuring 19m2 05. KGNM/AGAS Mathew Wisdom Cement block wall 07038623962 62 M AGASSA 1,658.26 1,776,000 SA/17/005 – built to roofing level. (6 bedroom bungalow) measuring 1071m2 06. KGNM/AGAS Umar Yahaya Cement block wall 08065773999 71 M AGASSA 6,625.0 106,000 SA/17/006 – portion of fence affected. Fence is averagely 8 blocks above ground level measuring 16m2 07. KGNM/AGAS Saeed Idrees Cement block wall 08062636191 49 M AGASSA 1,007.02 749,220 SA/17/007 – 3-bedroom tenement building not plastered externally. It has an attachment of 3.29 x 3.33m which is being used as poultry. Construction details are similar. wall measuring 744m2 08. KGNM/AGAS Abdulrazak Portion of fence 08066678631 40 F AGASSA 16,000.0 80,000 SA/17/008 Khadijat affected measuring 5m2 09. KGNM/AGAS Audu Ohiare Artisan well, 07030219333 85 M AGASSA 279,000.0 279,000 SA/17/009 plasteredin ring 010. KGNM/AGAS Salaudeen Cement block wall 08131944078 67 M AGASSA 4,808.74 1,760,000 SA/17/0010 Abdulazeez – 4 rooms with kitchen built to decking level, painted externally and the front externally, not completely plastered externally. Windows and louvers mosquito net and iron codes. Backing erosion measuring 366m2 011. KGNM/AGAS Nuhu Cement block wall 07034560208 70 M AGASSA 2,377.27 2,092,000 SA/17/0011 Mohammed – 8 rooms tenement building, C.I.S. roof on wooden members wall not plastered, door a combination of metals and wood, windows is wood, no ceiling.

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Erosion already at foundation of building measuring 880m2 012. KGNM/AGAS Adomu Shuaibu One Coconut & 10 08146941632 79 M AGASSA 1,527.27 16,800 SA/17/0012 Banana trees /tree stand 013. KGNM/AGAS Isah Ohiare Cement block wall 08033598953 75 M AGASSA 14,673.07 763,000 SA/17/0013 – 5 room tenement BQ plastered, wooden doors/windows, C.I.S. ceiling with erosion already close to building. It also has an open air bathroom of block wall measuring 52m2 014. KGNM/AGAS Mohammed Artisan well, 07031363567 35 M AGASSA 274,000 274,000 SA/17/0014 Suleiman plastered in ring

015. KGNM/AGAS Akobe Jimoh One coconut, one 08034158261 50 M AGASSA 3,760/tree 18,800 SA/17/0015 Sadiku orange &3 stand ornamentals. 016. KGNM/AGAS Umar Ismaila Mud house – 09036663055 73 M AGASSA 2,594.11 1,102,500 SA/17/0016 plastered, not painted, not standard windows, wood. With concrete and block wall reinforcement at the footing C.I.S. on palm wood. Facing the tarred road measuring 425m2 017. KGNM/AGAS Abdulrazak Mud house – 08038346161 30 M AGASSA 2,943.26 1,245,000 SA/17/0017 Ogirima similar to 16 above but windows are of louvers mounted and fitted with burglary and net. The frontage is paved in mass concrete. Facing the tarred road measuring 423m2 018. KGNM/AGAS Abdulrahim Isa One coconut, 10 08108317826 48 M AGASSA 28,200 SA/17/0018 Banana & fruit tree.

019. KGNM/AGAS Ova Jimoh Cement block wall 09038274232 78 M AGASSA 3,381.58 1,542,000 SA/17/0019 – 6 bedroom bungalow. Similar to others in construction details not plastered, windows are of metal panels, facing the road measuring 456m2

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020. KGNM/AGAS Onumoh Cement block wall 07035511723 51 M AGASSA 7,863.63+ 1,226,500 SA/17/0020 Momoh Jimoh – similar in 275,000 construction details as shop above. It has an artisan well. Facing the tarred road and backing the erosion site measuring 121m2 021. KGNM/AGAS Isah Jimoh Mud house – 08146889872 55 M AGASSA 197.68 900,000 SA/17/0021 similar to others in construction details. Facing the tarred road. Not plastered externally measuring 456m2 022. KGNM/AGAS Mohammed General house 08054702499 33 M AGASSA 8,018.51 1,299,000 SA/17/0022 Jamiu bathroom/toilet 1 08086687935 Mohammed room and parlour at decking artisan well. Court yard paved in mass concrete measuring 162m2 023. KGNM/AGAS Hajiya Open roof external 08030944435 45 F AGASSA 5,125.0 328,000 SA/17/0023 Mohammed toilet, 8m Rukayat reinforced concrete drainage embankment measuring 64m2 024. KGNM/AGAS Bello Momoh 10 Banana & 2 09051041813 44 M AGASSA 916.67 11,000 SA/17/0024 Jimoh Castor trees. /tree stand

025. KGNM/AGAS Idris Aina External works 08071631451 30 M AGASSA 7,944.44 143,000 SA/17/0025 concrete embankment measuring 18m2 026. KGNM/AGAS Mohammed Cement block wall 08056959715 33 M AGASSA 3,712.8 92,820 SA/17/0026 Halilu – fence work 25m2 measuring 13.26m2 027. KGNM/AGAS Yahaya Suleiman Concrete/hard-core 08038576207 60 M AGASSA 8,000.0 120,000 SA/17/0027 measuring 15m2

028. KGNM/AGAS Mohammed 08158269887 58 F AGASSA 54,800 SA/17/0028 Hajarat 029. KGNM/AGAS Salawu Suberu Only portion of 08034228833 75 M AGASSA 728.21 90,000 SA/17/0029 embankment affected measuring 123.59m2 030. KGNM/AGAS Isah Alex Mud house – only a 08037805140 55 M AGASSA 2,609.41 942,000 SA/17/0030 portion affected as it backs the erosion directly similar to others but very old and not maintain hardcore foundation. Fencing the tarred road measuring 361m2 031. KGNM/AGAS Deborah Mud house – 6 08102386828 50 F AGASSA 2,201.85 594,500 SA/17/0031 Mohammed rooms similar to

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others above measuring 270m2 032. KGNM/AGAS Ohida Suleiman Cement block wall 09063854721 65 M AGASSA 2,960.99 835,000 SA/17/0032 – 3 rooms affected. Facing the tarred road measuring 282m2 033. KGNM/AGAS Salami Ariko Artisan well with 2 09064714898 70 M AGASSA 302,000 SA/17/0033 coconut trees fully matured. 034. KGNM/AGAS Bello Onsachi Portion of land 08063877050 73 M AGASSA 60,600 SA/17/0034 affected with 8 Banana trees 035. KGNM/AGAS Amodu Halimat Cement block wall 08033407380 58 F AGASSA 6,333.33 380,000 SA/17/0035 Atimpo fence with concrete reinforcement 60m2 036. KGNM/AGAS Abdulkadir Bilal Cement blocks wall 08030961084 42 M AGASSA 1,595.83 1,457,000 SA/17/0036 – 8 rooms with court-yard and which is paved in mass concrete. Plastered internally measuring 913m2 037. KGNM/AGAS Abdulrahman Cement block wall 08034804615 76 M AGASSA 5,295.57 4,300,000 SA/17/0037 Bajeh – car porch concrete reinforced pillars with 9 rooms is not finished. One storey building measuring 812m2 038. KGNM/AGAS Adams A block of 7 rooms 08060870766 55 M AGASSA 6,292.39 1,076,000 SA/17/0038 Mohammed bungalow construction details similar to others above measuring 171m2 039. KGNM/AGAS Abubakar Salami Cement block wall- 08144243964 75 M AGASSA 1153.52 81,900 SA/17/0039 shops on drainage path. Similar to several above in construction. measuring 71m2 040. KGNM/AGAS Ahmed Yunusa Block foundation 08060045061 50 M AGASSA 3,454.54 380,000 SA/17/0040 with 2 courses of blocks measuring 110m2 TOTAL 28,170,900.0 0

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Appendix 6: ENTITLEMENT SUMMARY FOR OWNERS OF STRUCTURES AND ECONOMIC TREES

COORDINATES OF RESETTLEMENT ACTION MARKED BUILDINGS AT COMPENSATION AGASSA IN OKENE L.G.A. PHONE S/No. ID NO. PAP NAME AGE SEX ADDRESS UTM(WGS84) NO. ASSISTANCE/ CROP BUILDING INCONVENIENCE/ TOTAL EASTING NORTHING (N) (N) DISTURBANCE (N) (N) KGNM/AGASSA/ Abdulmumuni 55 M AGASSA 193755.0 834692.3 07039053006 47,000 576,840 623,840.00 01. 17/001 Ocheche KGNM/AGASSA/ Mr. Ewenyi 80 M AGASSA 193772.2 834685.8 08069006875 552,000 552,000.00 02. 17/002 Gomina

KGNM/AGASSA/ Amina Sunday 40 F AGASSA 193786.8 834694.6 08138635143 - 156,240 156,240.00 03. 17/003

KGNM/AGASSA/ Yahaya 80 M AGASSA 193798.2 834706.4 07050257906 - 398,676 398,676.00 04. 17/004 Suleiman

KGNM/AGASSA/ Mathew 62 M AGASSA 193823.6 834745.4 07038623962 - 1,776,000 1,776,000.0 05. 17/005 Wisdom

KGNM/AGASSA/ Umar Yahaya 71 M AGASSA 193853.0 834730.1 08065773999 - 106,000 106,000.00 06. 17/006

KGNM/AGASSA/ Saeed Idrees 49 M AGASSA 193680.1 834682.7 08062636191 32,220 717,000 749,220.00 07. 17/007

KGNM/AGASSA/ Abdulrazak 40 F AGASSA 193630.2 834661.3 08066678631 80,000 80,000.00 08. 17/008 Khadijat

KGNM/AGASSA/ Audu Ohiare 85 M AGASSA 193642.2 834690.4 07030219333 29,000 250,000 279,000.00 09. 17/009

KGNM/AGASSA/ Salaudeen 67 M AGASSA 193622.3 834661.7 08131944078 1,760,000 1,760,000.00 010. Abdulazeez

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17/0010

KGNM/AGASSA/ Nuhu 70 M AGASSA 193659.7 834660.0 07034560208 - 2,092,000 2,092,000.00 011. 17/0011 Mohammed

KGNM/AGASSA/ Adomu 79 M AGASSA 193621.6 834647.1 08146941632 16,800 16,800.00 012. 17/0012 Shuaibu

KGNM/AGASSA/ Isah Ohiare 75 M AGASSA 193588.2 834671.8 08033598953 763,000 763,000.00 013. 17/0013

KGNM/AGASSA/ Mohammed 35 M AGASSA 193607.0 834633.6 07031363567 24,000 250,000 274,000.00 014. 17/0014 Suleiman

KGNM/AGASSA/ Akobe Jimoh 50 M AGASSA 193610.0 834605.8 08034158261 18,800 18,800.00 015. 17/0015 Sadiku

KGNM/AGASSA/ Umar Ismaila 73 M AGASSA 193613.4 834561.6 09036663055 - 1,102,500 1,102,500.00 016. 17/0016

KGNM/AGASSA/ Abdulrazak 30 M AGASSA 193613.7 834543.5 08038346161 1,245,000 1,245,000.00 017. 17/0017 Ogirima

KGNM/AGASSA/ Abdulrahim Isa 48 M AGASSA 193632.6 834512.3 08108317826 28,200 28,200.00 018. 17/0018

KGNM/AGASSA/ Ova Jimoh 78 M AGASSA 193615.0 834483.6 09038274232 - 1,542,000 1,542,000.00 019. 17/0019

KGNM/AGASSA/ Onumoh 51 M AGASSA 193629.2 834391.7 07035511723 1,211,500 1,226,500.00 020. 17/0020 Momoh Jimoh

KGNM/AGASSA/ Isah Jimoh 55 M AGASSA 193708.8 834370.9 08146889872 900,000 900,000.00 021. 17/0021

KGNM/AGASSA/ Mohammed 33 M AGASSA 193734.3 834267.9 08054702499 1,299,000 1,299,000.00 022. 17/0022 Jamiu 08086687935 Mohammed KGNM/AGASSA/ Hajiya 45 F AGASSA 193750.5 834237.0 08030944435 328,000 328,000.00 023. Mohammed

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17/0023 Rukayat

KGNM/AGASSA/ Bello Momoh 44 M AGASSA 193695.3 834388.3 09051041813 11,000 11,000.00 024. 17/0024 Jimoh

KGNM/AGASSA/ Idris Aina 30 M AGASSA 193753.9 834180.7 08071631451 43,000 100,000 143,000.00 025. 17/0025

KGNM/AGASSA/ Mohammed 33 M AGASSA 193765.9 834172.4 08056959715 - 92,820 92,820.00 026. 17/0026 Halilu

KGNM/AGASSA/ Yahaya 60 M AGASSA 193772.2 834150.0 08038576207 - 120,000 120,000.00 027. 17/0027 Suleiman

KGNM/AGASSA/ Mohammed 58 F AGASSA 193789.7 834119.6 08158269887 54,800 54,800.00 028. 17/0028 Hajarat

KGNM/AGASSA/ Salawu Suberu 75 M AGASSA 193798.9 834100.3 08034228833 90,000 90,000.00 029. 17/0029 KGNM/AGASSA/ Isah Alex 55 M AGASSA 193381.6 834492.5 08037805140 942,000 942,000.00 030. 17/0030 KGNM/AGASSA Deborah 50 F AGASSA 193573.8 834511.0 08102386828 594,500 594,500.00 031. /17/0031 Mohammed KGNM/AGASSA Ohida 65 M AGASSA 193570.6 834528.5 09063854721 835,000 835,000.. 032. /17/0032 Suleiman KGNM/AGASSA Salami Ariko 70 M AGASSA 193566.8 834541.6 09064714898 2,000 300,000 302,000.00 033. /17/0033 KGNM/AGASSA Bello Onsachi 73 M AGASSA 193566.5 834594.8 08063877050 10,600 50,000 60,600.00 034. /17/0034 KGNM/AGASSA Amodu 58 F AGASSA 193324.7 834727.8 08033407380 20,000 360,000 380,000.00 035. /17/0035 Halimat Atimpo KGNM/AGASSA Abdulkadir 42 M AGASSA 193293.6 834749.9 08030961084 1,447,000 1,457,000.00 036. /17/0036 Bilal KGNM/AGASSA Abdulrahman 76 M AGASSA 193652.7 834481.2 08034804615 4,300,000 037. /17/0037 Bajeh KGNM/AGASSA Adams 55 M AGASSA 193524.0 834658.6 08060870766 1,076,000 038. /17/0038 Mohammed

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KGNM/AGASSA Abubakar 75 M AGASSA 193506.7 834667.4 08144243964 81,900 039. /17/0039 Salami KGNM/AGASSA Ahmed Yunusa 50 M AGASSA 193470.3 834627.2 08060045061 380,000 040. /17/0040

TOTAL 28,170,900.00

APPENDIX 6A: AGASSA TENANTS FOR FINANCIAL ASSISTANCE S/N ID/NO PAP NAME AGE SEX ADDRESS OCCUPATION PHONE NO. ASSISTANCE/ TOTAL(N) INCONVENIEN CE (N) 01 KGNM/AGASSA/ a. Jimoh Aishat 44 F Agassa Ahache Business 07056898419 12,000:00 12,000:00 17/001 b. Mohammed Sefinatu 36 08162445112 12,000:00 12,000:00 02 KGNM/AGASSA/1 a. Ganiu Abdulrazak 32 M Agassa Ahache Driver 08072079320 12,000:00 12,000:00 7/003 b. Nasiru Hassana 60 F Agassa Ahache Business 07039818763 12,000:00 12,000:00 c. Daniel Bridget 28 F Agassa Ahache Business 08101330210 12,000:00 12,000:00 d. Ganiu Salifat 30 F Agassa Ahache Tailoring 09037571576 12,000:00 12,000:00 04 KGNM/AGASSA/1 a. Yusuf Suleiman 40 M Agassa Ahache Civil Servant 07034682165 12,000:00 12,000:00 7/004 b. Yusuf Zainab 27 F Agassa Ahache Business 08061134046 12,000:00 12,000:00 c. Ibrahim Aishat 60 F Agassa Ahache Business 08108907782 12,000:00 12,000:00 06 KGNM/AGASSA/1 a. Muhammed Abdulmalik 51 M Agassa Ahache Civil Servant 08130394201 12,000:00 12,000:00 7/006 b. Shaibu Yusuf 35 M Agassa Ahache Artisan 08133852097 12,000:00 12,000:00 c. Zubair M Sani 38 M Agassa Ahache Civil Servant 08067785225 12,000:00 12,000:00 d. Alabi Ibrahim O 48 M Agassa Ahache Civil Servant 08038196043 12,000:00 12,000:00 e. Bello Jamiu 25 M Agassa Ahache Business 09061994932 12,000:00 12,000:00 f. Jimoh Sabdat Oyiza 22 F Agassa Ahache 07035902427 12,000:00 12,000:00 08 KGNM/AGASSA/1 a. Ayuba Nana-Hauwa 30 F Agassa Ahache Business 07063698438 12,000:00 12,000:00 7/008 b. Muhammed Rekiyat 38 F Agassa Ahache Trader - 12,000:00 12,000:00 c. Abdullah Momoh 45 M Agassa Ahache Trader 08073075688 12,000:00 12,000:00 d. Hassan Shaibu 14 M Agassa Ahache Student 09032635046 12,000:00 12,000:00 13 KGNM/AGASSA/1 a. Aisha Abdulrahim 35 F Agassa Ahache Trader 07030926751 12,000:00 12,000:00 7/0013 b. Fatima Ahmed 25 F Agassa Ahache Student 08104906528 12,000:00 12,000:00

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c. Hajara Audu 30 F Agassa Ahache Trader 09054927574 12,000:00 12,000:00 14 KGNM/AGASSA/1 a. Abdulwahab Sikirat 27 F Agassa Ahache Trader 07031398144 12,000:00 12,000:00 7/0014 b. Sanni Sabdat 45 F Agassa Ahache Trader 08035620778 12,000:00 12,000:00 c. Sunday Onyijimoh 20 F Agassa Ahache Trader 09063198329 12,000:00 12,000:00 16 KGNM/AGASSA/1 a. Jibril Hauwa 37 F Agassa Ahache Trader 08136850971 12,000:00 12,000:00 7/0016 b. Siyaka Hafsat 40 F Agassa Ahache Trader 08132228456 12,000:00 12,000:00 18 KGNM/AGASSA/1 a. Nasiru Fati 40 F Agassa Ahache Business 09061551350 12,000:00 12,000:00 7/0018 b. Idris 20 M Agassa Ahache Business 08146853122 12,000:00 12,000:00 19 KGNM/AGASSA/1 a. Usman Sarah 43 F Agassa Ahache Trader 07032631828 12,000:00 12,000:00 7/0019 b. Momoh Sefiyat 50 F Agassa Ahache Trader 08068137221 12,000:00 12,000:00 020 KGNM/AGASSA/1 a. Mustapha Sheidu 28 M Agassa Ahache Business 07066607333 12,000:00 12,000:00 7/0020 b. Abdul Suleiman 45 M Agassa Ahache Business 07039684730 12,000:00 12,000:00 c. Abdulganiyu Hadiza 25 F Agassa Ahache Business 08036902927 12,000:00 12,000:00 021 KGNM/AGASSA/1 a. Bello Nafisat 17 F Agassa Ahache Student 07056970799 12,000:00 12,000:00 7/0021 022 KGNM/AGASSA/1 a. Peter Oyiza Grace 29 F Agassa Ahache 08038626397 12,000:00 12,000:00 7/0022 b. Shaibu Itopa 35 M Agassa Ahache 08036009520 12,000:00 12,000:00 023 KGNM/AGASSA/1 a. Yahaya Ahmed 40 M Agassa Ahache Trader 08030944435 12,000:00 12,000:00 7/0023 024 KGNM/AGASSA/1 a. Momohjimoh Ishaq 45 M Agassa Ahache Farmer 08095854572 12,000:00 12,000:00 7/0024 b. Siyaka Aina 20 F Agassa Ahache Student 08065584670 12,000:00 12,000:00 026 KGNM/AGASSA/1 a. Siyaka Rahinat 35 F Agassa Ahache Business 08056959715 12,000:00 12,000:00 7/0026 b. Ibrahim Rukayat 27 F Agassa Ahache Civil Servant 08146476820 12,000:00 12,000:00 027 KGNM/AGASSA/1 a. AuduHalimat 62 F AgassaAhache Trader 07065348133 12,000:00 12,000:00 7/0027 b. Muhammed Fatima 36 F Agassa Ahache Trader 09036838579 12,000:00 12,000:00 028 KGNM/AGASSA/1 a. Seidu Hajarat 58 F Agassa Ahache Trader 07059903760 12,000:00 12,000:00 7/0028 030 KGNM/AGASSA/1 a. Memunat 39 F Agassa Inakakana Business 09033701488 12,000:00 12,000:00 7/0030 b. Grace 35 F Agassa Inakakana Business 08165673871 12,000:00 12,000:00 031 KGNM/AGASSA/1 a. Isaq Sanni 24 M Agassa Inakakana Tailoring 08037617967 12,000:00 12,000:00

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7/0031 b. Ibrahim Hajarat 55 F Agassa Inakakana Business 08111844360 12,000:00 12,000:00 c. Jimoh Dada 55 M Agassa Inakakana Business 07030823008 12,000:00 12,000:00 d. Isaq Fatimat 65 F Agassa Inakakana Business 07076170829 12,000:00 12,000:00 036 KGNM/AGASSA/1 a. Suleiman Memunat 35 F Agassa Inakakana Business 08135911923 12,000:00 12,000:00 7/0036

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APPENDIX 7 Corridor Mapping of Agassa Gully Erosion Site at Okene, Kogi State

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Appendix 8: List of Experts who carried out the Survey S/N Name Phone No. /Email Address Organizational Association Position 1. Malam Idris Saeed 08062636191 Agassa Agassa Erosion Committee Chairman 2. Mal. Mohammed Jamiu 08034332978 Agassa Agassa Erosion committee Secretary 3. Zainabu Isa Agassa Agassa Erosion Committee Member 4. JimohIsah 08033916325 Agassa Rep. Member 5. Mr Omeiza Onivehu 08036820436 Lokoja c/o RAP Consultant Estate Surveyors 6. Okonkwo Vincent Amechi 08080986336 Rep. RAP Expert 7. Arc. Suleiman Obenege 09033762756 Lokoja Dept. Of Arch. Tech. Kogi State Safeguard Polytechnic, Lokoja Expert 8. Dr. Johnson Ngozi Gloria 080361466608 Lokoja Dept of Surveying & GIS & Geoinformatics. Kogi Poly. Mapping Lokoja Specialist 9. Dr. Femi Paul Olaitan 08036794316 Lokoja RAP consultant PAPs Data Officer 10. Prof. H. I. Jimoh 0811443900 Lokoja Social Consultants Consultation Expert 11. Abbas Suleiman 07030939226 Okene Research Assistant R/Assistant 12. Garbson Ola 08033323995 Lokoja Computer Analyst Computer Expert

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APPENDIX 9:

EWENYI GOMINA ABDULMUMUNI OCHECHE AMINA SUNDAY

YAHAYA SULEIMAN MATHEW WISDOM UMAR YAHAYA

SAEED IDREES ABDULRAZAK KHADIJAT AUDU OHIARE

SALAUDEEN ABDULAZEEZ NUHU MOHAMMED ADOMU SHUAIBU

ISAH OHIARE MOHAMMED AKOBE JIMOH UMAR ISMAILA SULEIMAN SADIKU

ABDULRAZAK ABDULRAHIM ISA OVA JIMOH OGIRIMA

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ONUMOH MOMOH JIMOH ISAH JIMOH

MOHAMMED JAMIU HAJIYA BELLO MOMOH MOHAMMED MOHAMMED JIMOH RUKAYAT

MOHAMMED YAHAYA SULEIMAN HALILU

MOHAMMED IDRIS AINA HAJARAT SALAW SUBERU

DEBORAH OHIDA SULEIMAN ISAH ALEX MOHAMMED

C

AMODU HALIMAT BELLO ONSACHI ATIMPO

SALAMI ARIKO ABDULKADIR BILAL ABDULRAHMAN BADEH

Adams Mohammed ABUBAKAR SALAMI AHMED YUNUSA

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APPENDIX 10: Engineering Design of Gully Erosion Site

APPENDIX 11: Standard Rate for Economic Trees and Cash Crops in Nigeria. (National Technical Development Forum (NTDF) on Land Administration Harmonized Rate for Economic Trees and Cash Crops for Compensation assessment in the Six (6) Geo-political Zones and the Federal Capital Territory of Nigeria)

SCHEDULE A: ECONOMIC TREES

S/NO. ECONOMIC TREES MATURED IMMATURED 60% SEEDLING 60% N K N K N K 1 Afara (Hardwood) 5,000.00 30,000.00 1,500.00 2 African Capaiba/Chiha/Softwood 2,000.00 1,200.00 600.00 3 Akinde 1,000.00 600.00 300.00 4 Alara (Hardwood) 5,000.00 3,000.00 1,500.00 5 Apple 7,000.00 4,200.00 2,100.00 6 Arere Hardwood 5,000.00 3,000.00 1,500.00 7 Ashishan/Agereshi (Hardwood) 300.00 180.00 90.00 8 Bagarwa 2,000.00 1,200.00 600.00 9 Banana/Ayaba 1,000.00 600.00 300.00 10 Baobab/kuka/lgiOse 2,000.00 1,200.00 600.00 11 Breadfruit/Dinya 1,000.00 600.00 300.00 12 Bush Mango/Ogbonno/Igiapon/ 3,000.00 1,800.00 900.00 Oro/Ive 13 Cactus 2,000.00 1,200.00 600.00

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14 Cashew/Yazawa 2,000.00 1,200.00 600.00 15 Cassia 400.00 240.00 120.00 16 Castor Oil Tree 500.00 300.00 150.00 17 Citus/Lemo 18 Cocoa 3,000.00 1,800.00 900.00 19 Coconut/Kwakwa (cultivated) 4,000.00 2,400.00 1200.00 20 Coconut/Kwakwa (Wild) 2,000.00 1,200.00 600.00 21 5,000.00 3,000.00 1,500.00 22 Date PaIm/Dabino/Iko 2,000.00 1,200.00 600.00 23 Euoalyptus/Rastata 2,500.00 1,500.00 750.00 24 Fig tree/Baure 2,000.00 1,200.00 600.00 25 Giginya 2,000.00 1,200.00 600.00 26 Gmelina 4,000.00 2,400.00 1,200.00 27 Goriba 2,000.00 1,200.00 600.00 28 Grape 8,000.00 4,800.00 2,400.00 29 Guava/(Plantation) 2,000.00 1,200.00 600.00 30 Guava (W lid) 1,500.00 900.00 45.00 31 Hardwood (Others) 5,000.00 3,000.00 1,500.00 32 Idi/Isi-Oda 150.00 90.00 45.00 33 Igi Abale (Hardwood) 5,000.00 3,000.00 1,500.00 34 Igi Abas (Hardwood) 5,000.00 3,000.00 1,500.00 35 Igi Abo 300.00 180.00 90.00 36 Igi Akuku 300.00 180.00 90.00 37 Igi Apaba/Ringworm 100.00 60.00 30.00 38 Igi Egbesi 300.00 180.00 90.00 39 Igi Gagamoyin 300.00 180.00 90.00 40 Igi Iyeye 600.00 360.00 180.00 41 Igi Lapalapa 150.00 90.00 15.00 42 Igi Ode (Hardwood) 5,000.00 3,000.00 1,500.00 43 Igi Ogbigbo 300.00 180.00 90.00 44 Indian Bambool/Oparun 200.00 120.00 60.00 45 Indigo Tree/EIu 1,000.00 600.00 300.00 46 Ira 350.00 210.00 105.00 47 Iroko/kadaura (Hardwood) 5,000.00 3,000.00 1,500.00 48 Iron Tree/Hihi/Gbabaiye 5,000.00 3,000.00 1,500.00 49 Isin 500.00 300.00 150.00 50 lya/Other Softwoods 2,000.00 1,200.00 600.00 51 Jogelle/Jegelegede 2,500.00 1,500.00 750.00 52 Kirya (Hardwood) 5,000.00 3,000.00 1,500.00 53 Kolanu/Obi/Gore 3,000.00 1,800.00 900.00 54 Konkwagh 2,000.00 1,200.00 600.00 55 Lalle/Henna 1,000.00 600.00 300.00 56 Locust Bean 3,000.00 1,800.00 900.00 Tree/Doruwa/IgiIru/Dawadawa 57 Mahogany/Madachi 8,000.00 4,800.00 2,400.00 58 Mango (Plantation) 4,000.00 2,400.00 1,200.00 59 Mango (Wild) 3,000.00 1,800.00 900.00 60 Neem/Dognayaro 1,000.00 600.00 300.00 61 Obeche (Hardwood) 5,000.00 3,000.00 1,500.00 62 Ogbonno/Oro 3,000.00 1,800.00 900.00 63 Oha 500.00 300.00 150.00 64 Okro Tender /Chimbing Okro 500.00 300.00 150.00 /Ager Okoho 65 Okuku 100.00 60.00 30.00

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66 Opiye (similar to Locust Beans) 3,000.00 1,800.00 900.00 67 Orange (Plantation) 4,000.00 2,400.00 1,200.00 68 Orange (Wild) 3,000.00 1,800.00 900.00 69 Oriri 600.00 360.00 180.00 70 Palm Tree/Kwara (Plantation) 3,000.00 1,800.00 900.00 71 Palm Tree/Kwara (Wild) 2,000.00 1,200.00 600.00 72 Pawpaw/Gwanda (Agric) 2,000.00 1,200.00 600.00 73 Pawpaw (Loca) 1,500.00 900.00 450.00 74 Pear (Avocardo) 4,000.00 2,400.00 1,200.00 75 Pear (Local) 2,000.00 1,200.00 600.00 76 Plantain 1,500.00 900.00 450.00 77 Raffia Palm 1,000.00 600.00 300.00 78 Rubber 1,000.00 600.00 300.00 79 Shajini (Hardwood) 5,000.00 3,000.00 1,500.00 80 Shear Butter Tree 2,000.00 1,200.00 600.00 81 Shear Nut Tree/Kadanya 82 Shediya/Odan 200.00 120.00 60.00 83 Silk Cotton/Rimi (Soft wood) 2,000.00 1,200.00 600.00 84 Sisal 2,000.00 1,200.00 600.00 85 Star Apple/Ag balumo/Udara 1,500.00 900.00 450.00 86 Teak (Hardwood) 5,000.00 3,000.00 1,500.00 87 Tsamiya 2,000.60 1,200.00 600.00 88 Umbrella Treei Tamina Katapa 1,000.00 600.00 300.00 89 Yiase (Hardwood) 5,000.00 3,000.00 1,500.00 90 Zogalle 2.50000 1,500.00 750.00

Appendix 12: Cultivated Crops 1 Acha 170,000.00 102,000.00 51,000.00

2 Bambara Nuts /Beans 180,000.00 108,000.00 54,000.00

3 Beans 150,000.00 90,000.00 45,000.00

4 Beniseed 150,000.00 90,000.00 45,000.00

5 Bitter Leaf 200.00/stand 120.00/stand 60.00/stand

6 Carrot 50,000.00 30,000.00 15,000.00

7 Cassava 150,000.00 90,000.00 45,000.00

8 Cocoyam 100,000.00 60,000.00 30,000.00

9 Cotton/Owu 120,000.00 72,000.00 36,000.00

10 Cowpeas 150,000.00 90.000.00 45,000.00

11 Garden Egg/lkon/Yalo 30,000.00 18,000.00 9,000.00

12 Ginger 50,000.00 30,000.00 15,000.00

13 Groundnut/Epa. 50,000.00 30,000.00 15,000.00

14 Ground Pears

15 Guinea Corn/Oka Baba/Tamba 80,000 .00 45,000.00 24,000.00

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16 Jute/Rama/Kenaf 32,000.00 19,200.00 9,600.00

17 Maize 100,000.00 60,000.00 30,000 .00

18 Melon 100,000.00 60,000.00 30,000.00

19 Millet/Jero 100,000.00 60,000.00 30,000.00

20 Okro/Ila 35,000.00 21,000.00 10,500.00

21 Onion 50,000.00 30,000.00 15,000.00

22 Pepper 120,000.00 72,000.00 36,000.00

23 Pineapple 80,000.00 48,000.00 24,000.00

24 Potato (Irish) 100,000.00 60,000.00 30,000.00

25 Potato (Sweet) 50,000.00 30,000.00 15,000.00

26 Pumpkin 20,000.00 12,000.00 6,000.00

27 Pumpkin Leaf/Ugu 50,000.00 30,000.00 15,000.00

28 Rice (Fadama, Upland) 150,000.00 90,000.00 45,000.00

29 Sorghum 80,000.00 48,000.00 24,000.00

30 Soya beans 200,000,00 120,000.00 60,000.00

31 Spinach/Alefo 25,000.00 15,000.00 7,500.00

32 Sugar Cane 240,000.00 144,000.00 72,000.00

33 Tiger Nut/Aaya 35,000.00 21,000.00 10,500.00

34 Tobacco 20,000.00 12,000.00 6,000.00

35 Tomato 70,000.00 42,000.00 21,000.00

36 Vegetables (Cabbage, Lettuce, etc.,) 25,000.00 15,000.00 7,500.00

37 Water Melon 50,000.00 30,000.00 15,000.00

38 Water Yam/Ewura 100,000.00 60,000.00 30,000.00

39 Wheat 250,000.00 150,000.00 75,000.00

40 Yam/Isu 350,000.00 210,000.00 105,000.00

41 Ziziga 50,000.00 30,000.00 15,000.00

42 Moringa Alicafera 1000.00 500.00 250.00

X

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APPENDIX 13:

LETTER OF APPEAL BY MALL. YAHAYA SULEIMAN (K GNM/AGASSA/17/004)

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Appendix 14: Stages in the Grievance Redress Process for the RAP

Treatment of grievance

Closure of grievance by Committee

Is complainant

satisfied with Yes No

Closure of grievance by Autonomous traditional/local Authority committee

Traditional leaders (comprising leaders of the four units)

SPMU specialist and LG Desk Officer

The Local Government Grievance Redress Desk Officer

Okene Local Government Chairman

KSG-NEWMAP SPMU (Social Safeguards officer)

Is complainant Yes satisfied with committee

Closure of grievance KSG-NEWMAP SPMU Project Coordinator

Kogi State Honourable Commissioner for

Environment

The Courts (Judicial System)

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