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Defederalising Policing For Effective Security

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Recently, the House of Representatives resolved to provide the necessary legislative framework for the establishment of State Police in the 1999 Constitution amendment. The resolution was passed sequel to a motion of urgent national importance on the killing of innocent worshippers in Owo, Ondo State. The resolution was sponsored by Hon. Aderegbe Oluwatimehin. According to the House of Representatives, the dastardly act was allegedly carried out on the innocent worshippers with the use of improvised explosives devices after which the defenceless people were shot indiscriminately.
On Sunday, 19th of June, 2022, a community in Kaduna State was attacked at night and at least three persons were killed while a yet to be ascertained number of villagers was kidnapped, according to media reports. A similar attack was carried out on Motege community in Ose Local Government Area of Ondo State at midnight of Thursday the 2nd day of January, 2022 where farmlands and houses were set ablaze and three persons killed.
On Sunday, January 23, 2022, in the dead of the night, there was a deadly attack carried out on Oketuse Community of Ose Local Government Area also by gunmen suspected to be the same Fulani herdsmen, razing down farmlands, houses and three persons were confirmed dead.
About November 2020,  a group of herdsmen killed the Olufon of Ifon in Ose Local Government Area,  Oba Israel Adewusi. In the last three weeks, 30 persons were kidnapped at different locations in Ose Local Government Area and several millions have been collected in ransom payment. Unless drastic measures are put in place more attacks will be carried out by the perpetrators.
Before the inception of the Chief Nyesom Wike-led Rivers State Government, there had been cases of incessant attacks, cult related violence, kidnapping, banditry and pockets of other social vices with attendant loss of lives and property. The pathetic situation is the same across the country. Calls on the National Emergency Management Agency (NEMA), to alleviate the suffering of  bereaved families will not give the desired succour or palliative in the dastardly acts as no amount of money equates the value of human life.
It is pertinent to state that the British-oriented policing model has outlived its usefulness in Nigeria, thus making State Police creation a necessity. The Nigeria Police started as a body to meet the British colonial needs. The Consular Guards was established in Lagos in 1861 and later by 1879 became the Hausa Constabulary, an armed force.
Subsequently, there was the Northern Nigerian Police (1886), Royal Niger Constabulary (1888), The Nigerian Coast Constabulary (1894) and the Southern Nigerian Police Force (1906). By 1906, three distinct police forces existed in Nigeria. And in 1930 they were amalgamated, thus the present name of the Nigeria Police. It is therefore, clear that the present Police Colonial Formation in Nigeria was the product of the British.
A restructure of the Nigeria Police along State lines is a paradigm shift from the British concept of policing which does not take into consideration the ethno-cultural, political and religious realities of Nigeria in its framework. Chairman of the Southern Governors Forum and Governor of Ondo State, Rotimi Akeredolu,  said a comprehensive restructuring of the federal government to reflect true federalism especially in the area of devolution of power and the creation of the state police is the way out of growing insecurities in Nigeria.
At a meeting of the Attorney Generals of the 36 states of Nigeria held in Lagos, Akeredolu in a keynote address insisted that the Nigerian police as presently constituted has failed in their constitutional roles of protecting property and lives of defenceless Nigerians, and if the situation do not improve, citizens would be left with no other option but to resort to self help by arming themselves in self-defence. Addressing the AGF directly, in what looks like an affront, Akeredolu said, “We will carry arms very soon, Oga Malami. There is no other way”.
He said the police presently constituted are overwhelmed and urged them to “close shop”  if the FG could not meet its equipment needs. He argued that the mass killings, kidnapping and other heinous crimes and social vices in the country had revealed that a central police command was ineffective to keep Nigerians safe. “The current state of insecurity in the country leaves us with no room for equivocation in the right of states to maintain law and order through the establishment of State Police. The growing distrust in the polity is a direct result of the disconnect between the Federal Government and the constituent units of the country… A unitary system cannot work successfully in a country like Nigeria.
“The 1999 Constitution has been amended twice. There is another promise of further amendments arising from the manifest irregularity in many provisions. The crises created by the 1999 Constitution, as amended, have been unending. There have been agitations that the exclusive Legislative List in the Constitution be limited to Nigeria’s external trade, customs duties, export duties, tax on incomes, profits and capital gains, interstate commerce, external borrowing, mining rents and royalties from mineral resources, among others”.
He challenged states to restructure the country by, among others, setting up their anti-graft agencies. The clamour for State Police or the creation of Security outfits is seen as a veritable measure to check the crime wave in states and regions. It was in view of this that state of South west geo-political region inaugurated the security architecture known as “Amotekun”.
The Eastern states  have also spoken strongly in favour of unified or regional security outfits.
The Lagos State Government was the first to form a state security outfit, in the current political dispensation, following the rising cases of crime and criminality. The present administration of Rivers State under the leadership of Chief Nyesom Ezebunwo Wike also inaugurated the “Neighbourhood Watch” to address the challenges posed by insecurity.
The Neighbourhood Watch in its original concept was to coordinate a network of community vigilantes or community police to check the wanton destruction of lives and property in Rivers State.
Also, a Senior Advocate of Nigeria (SAN), Dr. Samson S. Ameh said the idea of State Police is a good one, but the time is not ripe for it yet. He advocated that the Nigeria Police should be maintained on the Exclusive Legislative List.
“We should remember that Nigeria started as a British Colony indeed, a creation by a foreign power and thereby any institution like the Nigeria Police which emphasises our image as a nation, as one country should be encouraged for now”, Ameh said.
For Dr. Daddy Ibulubo, the Rivers District Superintendent of Assemblies of God, Nigeria, the idea of State Police is welcome if it will stem the wave of incessant killings of innocent people and destruction of property by people whose antics suggest that they are either above the law or being sponsored by highly placed public officers to unleash mayhem and destabilise the country.
“The idea of State Police is in tandem with true federalism. As a nation with federating units of States, it is legitimate to allow the real template of federal system as operated in other countries to have its course in Nigeria”, the man of God said.
He decried the claim that the idea of State Police will be abused by governors arguing that if State governors were the Chief Security Officers of their states, and they are not in control of security machinery in the state; then the system has made them impotent, toothless and mere ceremonial heads in security matters.
He reasoned that the absence of State Police has resulted in several mushroom Vigilante groups across the country with communities, states and regions establishing their security outfits with a view to checkmate the unwarranted attacks on lives and property.
“However, the establishment of these security outfits which predominantly consist of untrained civilian youths, sometimes pose threat to the people as well because there are cases of  alleged gross abuse of office and responsibility and flagrant deviation from statutory roles and functions”, Rev. Ibulubo said.
Nella Andem-Rabana, also a Senior Advocate of Nigeria (SAN) argued that “unless Nigeria thinks through the necessary amendments and provisions to be made with regard to the following: (a) 2011 Constitution (as amended), (b) The revenue allocation formula, and (c) Infrastructure, and until it puts into effectiveness those amendments for effective State Policing, it may not be expedient to whimsically dismantle the existing Police Structure”.
The fact that the Nigeria Police is under the command of the Inspector General of Police (IGP), an appointee of the President of the Federal Republic, means that all commissioners of police report directly to him, and have limited powers/authority to make on-the-spot far-reaching decisions and in maintaining and securing public safety and order. This is a Constitutional matter which must be expressly addressed in order to decentralise the Police Force.
“Also of Constitutional significance are matters such as purchase of firearms, ammunition, explosives, banking, financial crimes, fingerprinting, Identification and nominal records, all of which are on the Exclusive Legislative  List in the 1999 Constitution (as amended). These matters should be put on the Concurrent list to give States necessary and relevant power to enable them to prevent, investigate and prosecute such crimes, independent of Federal Police”.
She opined that strengthening the Police to cope with the hydra-headed and multi-dimensional security breaches in the country goes beyond verbal expressions but proactiveness and optimal professionalism.
“The need for up-to-date technological and scientific expertise, robust and comprehensive criminal justice training especially in areas like psychology, forensic investigation, report writing, handwriting analysis, voice analysis purchase of hi-tech equipment, interrogation, negotiation, fingerprinting, analysis of study of bomb composition and disposed cybercrime deep sea diving etc, have to form part of the Police training programme”, she said
However, some have expressed dissenting views on the clamour for establishment of State Police. They argue that the creation of State Police is an invitation to anarchy, because in their opinion, even if we create State Government, Local Government, Clan, Community or Family Police, it is the same corrupt Nigerians and corrupted institutions they will manage.
One of the vocal opponents is the Attorney-General of Federation, Abubakar Malami (SAN). According to him, “State Police will not work because State governors will abuse it. Imagine what will happen if they control the police”.
Chief Parry Osayande in a paper, argued that the system is susceptible to abuse by dictatorial State governors, who wield enormous and overbearing influence over their subjects.
A report released on the 16th August 2012, during President Goodluck Jonathans’s administration by the Presidential Committee on the Reorganisation of the Nigeria Police and the Forum of Former Inspectors General of Police, warned that the establishment of State Police in Nigeria will be a prelude to the disintegration of the country.
Former Inspectors General of Police including, Alhaji Muhammadu Gambo-Jimeta, Alhaji Ibrahim Coomasie, Mr. Sunday Ehindero and Sir Mike Okiro were of the view that State Police is not in the interest of the nation because it was an “invitation to anarchy”. It was not in the interest of the nation’s democracy. According to them, the most unreasonable thing for any administration to do at this time was to allow State Police. They posit that with the current political trend in the country, a State Police would only be a tool in the hands of political leaders at the State level.
While the facts marshalled by these Police high chiefs seem cogent to discard the idea of the creation of State Police, what is the fate of “common” Nigerians who live at the mercy of herdsmen, bandits, kidnappers, insurgents, terrorists and militants? So many lives have been lost and property destroyed in what so many analysts blame on the alleged ineffectiveness of the Police, lack of adequate motivation and staffing, lack of provision of security gadgets, state-of-the-art hi-tech equipment, 21st Century-Compliant Police and lack of modern arms and ammunition. The Federal Government is blamed for the deficiencies evident in the police.
The fears expressed notwithstanding, State Police has several advantages. According to some schools of thought, it will curb the rising wave of insecurity and other social vices; it will reduce the rate of unemployment, check criminal activities and corruption; it will prevent unwarranted attacks and imposition of a “preferred” religion on Nigerians. It will institutionalise True Federalism.

By: Igbiki Benibo

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Bread: Need For Affordability

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Bread,  food made by baking dough made from cereals,  is an household name in Nigerians’ breakfast table.  Taken with  hot beverage, or sandwiched with fish stew, or the like, bread  has remained  the most common breakfast dish in most  Nigerian homes. It is cherished and paronized  by both adults and children, this takes  its consumption beyond the breakfast table to meet even  the lunch and supper needs of the people.  It is quick and easy to throw together.
One good thing about this all- cherished food is its ability to maintain an affordable, stable price over the years, an attribute that had endeared it the more to every home. Therefore,  given the place of bread in  homes’  menu, there is no doubt that  any decision taken on it will affect  the generality of Nigerian homes and even beyond.
Last week, to the chagrin of   Nigerians,  bakers in Nigeria   embarked on a withdrawal of services for four days. Basically, the move was aimed at drawing the  attention of both the federal government, as well as the public to the crises in the industry. In addition,  the National Association of Master Bakers and Caterers of Nigeria (AMBCN) said  it was to  ensure the survival of the bread industry in Nigeria. The National Secretary of the Association,  Jude Okafor,  explained that high production cost forced the bakers to close shop, as Onuorah, a baker,  declared that the bakeries’ capacity has dropped to 70 percent, adding that they can no longer have the turnover required to be able to break even and some are closing down. “In my bakery, I used to have 150 staff, today I have only 45, because my output  has dropped. I was doing three shifts in 24 hours before, now I am doing 12 hours.” “It has been very tough with us as businesses. We take loans from banks and default on repayments. But bankers are not willing to give us any lifeline any longer. That is why we want the federal government to look at our side.
Beyond the closing of shops for four days,  came an increase in the price of bread, a situation that has sent  jitters into the spines of many homes.  Recall that about this same time last year, October precisely,  Olufunmilola Olukomaiya, an acknowledged journalist, raised alarm on the rising cost of bread in the Nigerian market as it was gradually becoming an exclusive preserve of the rich.  A loaf of bread earlier sold for N500  within the period under review, sold for N700 while the ones  for N200, were sold for N300. Amidst reactions to this development,  bread sellers insisted that the high cost of raw materials necessitated the increase. Nigerians across the nations  complained bitterly about the high prices of bread.
Then, the Chairman of  the Association of Master Bakers and Caterers of Nigeria (AMBCN), Abuja chapter, Mr Ishaq Abdulkareem,  said that the 30 per cent increase in the price of bread was to avoid the shutdown of bakeries caused by the cost of ingredients and production. Abdulkareem stated that the prices of all ingredients used for baking were too high, especially flour and sugar. “The cost of business registration is on the high side,  before now, the cost of registration was N32,500 but today it is N90,000” he said. Although the increases were  hinged on increase in prices of raw materials, insecurity  still stands out as a prominent factor which has given room to the attendant high cost of raw materials ocassioned by their inavailability, and  by extension, the exchange rate of the Naira to the dollar.  There were also insinuations that  double taxation by the authorities as well as the high cost of purchasing diesel were also contributory.
Today, while the people yet grappled  with the prevailing market realities,   the same big loaf of bread that seemed to have settled for #700-800 for the past one year, now goes for a whooping sum of #1,000 only. Friday, a bread seller, said  if the old price must stay, the manufacturers would run at a loss. And for Mrs Maria Cardillo, the Chief Executive Officer, Bon Bread, there was the need for an increase in the price of bread to avoid the collapse of the business. She said the price of bread needed to be increased because “we have had an increase in prices of raw materials and we don’t have alternatives.” Again, the people reacted, but what could their reaction birth?
Surprisingly,  bakers are not even swayed by public outcry, they have resolved to take the courage to do this and ignore the fear of the unknown. According to the bakers leader, “All of us have strategies to keep customers to our sides but let not your price strategy bite you back; there are other things to give your customer to stay with you like giving them incentives.” The Secretary said: “We regret these hikes in prices, it is due to the economic indicators and we hope this does not stay for too long. However, these prices are valid for as long as the cost of input materials remain stable,” he said.
Yinka Kolawole & Providence Ayanfeoluwa, writing for the Vanguard Newspaper,  revealed that Prices increased by 50% this year, out of which,  25% was witnessed last month. According to them, Available data has shown that Nigeria imported about 99 percent of its wheat requirement in the first quarter of 2022 (Q1’22), and with the attendant foreign exchange (forex) demand pressure, this has been fingered as one of the major factors responsible for the ongoing bread crisis in Nigeria. Report also shows  that bakers and other confectionary industry operators have marked up their product prices about four times this year. As at last week the series of price mark ups have seen the average retail price of bread go up by as much as 50 percent this year.For how long this intermittent increase in the price of bread will continue, has remained a puzzle  many Nigerians are yet to solve
The Federal Ministry of Agriculture and Rural Development estimated Nigeria’s national wheat requirement at 5 million metric tons, and the National Bureau of Statistics (NBS) reported that the country produced only 36,943 metric tons of wheat in 2021, representing less than one percent of the country’s total annual demand. According to NBS, wheat was Nigeria’s second most imported goods in Q1’22,  accounting for N258.3 billion of the value of total imports in the period. A 50kg bag of flour now goes for about N30,000 as against N12,600 in January 2021, representing an increase of 138 percent. Onuorah corroborated this. He said “In bread making, our inputs are 100 percent imported because the wheat flour that we use majorly comes from Russia. It is not us but the millers because we don’t deal with wheat, we deal with their finished product. And from what we got from them, they are getting most of the wheat from Russia, Ukraine and some part of Argentina”..
From the given analysis, it is obvious that  the huge differential between import and in-country growing in the nation’s wheat requirement, can only be bridged by importation and the  foreign exchange (forex) needed to prosecute that  can only be imagined.  Who knows if the government has any provision for forex concessions. Definitely, the danger in  sourcing from the parallel market outside the government’ s window,  is the possibility for  exorbitant rate. Unfortunately, bakers in addition,  still complain of   a levy they call 15 percent wheat development levy. This levy, said to have been  initiated by the Jonathan’s administration, was supposed to be a stop- gap measure for two years.
Onuorah maintained that the essence of this 15 percent wheat development levy was to help grow wheat in the country, but revealed that.”Apart from that, the government also puts 15 percent duty on wheat import”. Cumulatively, what they are seeing as wheat import duty is 30 percent, which makes it a a problem compounded by the abnormal rise in the price of diesel. Eventually, what one  sees  is a  spiraling costs of production. According to reports, currently, “flour is going for between N29,000 and N30,000,  the same thing with sugar, softener, and egg that used to go for N800 per crate,  is now N2,200 depending on the size, smaller size is N2,000. Yeast that was between N5,000 and N7,000  is now N21,000,  the Calcium Sulfate of  N29,000  is now about N54,000, and the list goes on.”
Listening to bakers relate their contention with regulatory agencies, NAFDAC and SON , including touts too who allegedly go  to bakeries to disturb,  breaking bakeries’ vehicles windscreen and side mirrors when the drivers decline their requests, you will conclude that  it  is  indeed a mixed bag for  the bakers. But for how long will this trend last.?  If a levy is instituted for a certain purpose, which has a time frame, would it not be proper for such initiative to be evaluated within the confine of the given time? From former President Goodluck Jonathan’s administration which birthed the ‘wheat development levy’,  to seven years into President Buhari’s administration, it is questionable to have such levy still running unguarded. If the aim was to help grow wheat in the country,  then there is the need to evaluate the initiative with a view to ascertaining the extent of progress made in that regard. A review of that levy is eminent
Again, bakers have registered their dislike over N154,000 penalty  charged to bakeries on late renewal of certificates by NAFDAC. While no sane person would encourage any investor towards late renewal of business documents, it is important authorities take into consideration  the hitches before investors that lead to delay in renewal of statutory business documents. The said N154,000 penalty  charge on  bakeries on late renewal of certificates by NAFDAC,  will eventually be borne by the consumers. Thus NAFDAC may need to reconsider alternative measure of penalty or better still, make a downward review of the existing sum.
Bakeries as are obtainable in Nigeria, fall under Micro  Small and Medium Enterprises (MSMEs), having multiple taxation in the form of every agency coming to regulate, will only bloat their cost of production.  For serving the need of the common man, let’s make bread accessible by making it affordable.

By: Sylvia ThankGod-Amadi

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Boundary Commissions And Peaceful Co-Existence (II)

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This is the concluding part of the article published on Wednesday August 3, 2022) Rivers State is one state
that is proactive on the issues of boundary disputes because more often than not, disputes arising from boundary have degenerated to crisis situation with colossal loss of lives and property.To address boundary disputes in Rivers State, the State Boundary Commission (Establishment) Act, 2006 which empowers the Deputy Governor of the State to serve as the Chairman, was established. The Act also makes provision for other statutory members to serve in the commission. According to the official website of the New Rivers State on Boundary matters, the State Boundary Commission is empowered by the act to carry out the following thirteen functions:
“To deal with inter and intra-Local Government Boundary disputes within the State; to define and delimit inter and intra-Local Government Area or Area Council Boundaries in accordance with the delimitation instrument or document established for that purpose; to liaise with the zonal liaison officer of the commission in the State and the Federal; To identify and intervene in areas of potential disputes in the State; to hold meetings at least once in every quarter, to ensure maintenance of peace and order in the border areas; To liaise with the State Boundary Commission of neighbouring States with a view of taking joint measures that shall promote good inter-community relationship; to arrange with other State Boundary Committees for joint utilisation of shared resources and facilities along their common borders.
Others include;  to encourage and support peace organs within the State for the purpose of promoting peace and harmony between communities involved in boundary disputes; to monitor the activities of the Local Government Boundary committees within the State, and deal with disputes which cannot be settled by the Local Government Boundary committees; to evolve measures for joint utilisation of amenities along Local Government Boundary within the State; to encourage negotiated settlement of boundary dispute in preference to litigation; and to carry out awareness and enlightenment campaigns among the people in the State on the essence of boundaries in order to foster peace and harmony among the people living along boundary lines”. Before the inception of the present administration in Rivers State, boundary disputes accounted for majority of the crises in the State.
Consequently, the present administration headed by Chief Nyesom Wike,  through the Office of the State Deputy Governor, Dr Mrs Ipalibo Harry Banigo, has left no stone unturned in ensuring that communal and local government areas boundary disputes are promptly addressed. The State Boundary Commission interfaces with Communities and other stakeholders that are enmeshed in crisis through regular meetings.
The Commission set up Technical Committees to consider critical areas, hold meetings with those affected and submits their findings/report to the State Boundary Commission who makes recommendation to the State Governor based on the report of the committees inaugurated to look at the issues in dispute. No doubt in a determined efforts to maintain peace in the State, the present administration has committed so much money into this project. This is because the government believes that peace is sacrosanct and a sine qua non for holistic development.
Dr. Ipalibo Harry-Banigo, whose office is saddled with the responsibility of handling boundary matters has kept faith with the confidence reposed in her. And she has proved beyond reasonable doubt that she is intentionally and passionately committed to the resolution of boundary related disputes. Some of the intra-State disputes under consideration, according to information obtained  are: Barako/Nweberra, two border communities in Ogoni ethnic nationality. A technical committee to demarcate the boundary of Barako and Nweberra Communities in line with the Supreme Court Judgement was set up on 18th of August, 2016 by the State Boundary Commission. The technical committee was headed by HM King Kaleh Obuge and its report was presented to the Rivers State Boundary Commission on the 8th of June, 2017. The technical reports after due consideration by the commission were retrieved by the technical committee for amendments. The reports were resubmitted on the 1st of August, 2019 for consideration.
Bukuma/Tombiaare Communities in Degema Local Government Area have incurred human and material losses from border related crises even with subsisting competent judicial pronouncements.  The Bukuma and Tombia boundary dispute also received consideration by the Rivers State Boundary Commission. A technical committee was set up to demarcate the boundary in line with the Supreme Court Judgement in Suit No. SC/97.1919 using plan Nos. SL/25/74 and UR/433/74 as a guide. However, the Technical Committee found it difficult to demarcate the boundary because a point identified on the footpath cannot describe the entire length of the boundary. The Committee, therefore, recommended that a Dispute Resolution Committee be set to negotiate an acceptable boundary. The committee inaugurated on 11th February, 2016 was headed by HM. King Dandeson D. Jaja, Jeki V to look into the dispute as recommended by the Technical Committee.
The committee however, could not reach an amicable settlement and consequently recommended that the two communities should return to the Supreme Court for proper interpretation of the judgement, The two communities were made to enter into an undertaking to keep the peace, among others. A recommendation was also made to the Governor  for the State Government to acquire the area in dispute for the purpose of development project. Tema and Ifoko Communities in Asari Toru Local Government Area were also locked in a protracted land dispute. The Boundary Commission inaugurated a technical committee  on 10th May, 2018. The Committee was headed by Pst. Paulinus Nsirim, then Permanent Secretary, Rivers State Ministry of Information. It submitted its report on the 20th of December, 2018. The Tai/Ogu-Bolo (Norkpo/Ogu). The Norkpo is a community in Tai Local Government Area while Ogu is headquarters of Ogu/Bolo Local Government Area. This inter -Local Government Area Boundary dispute of Norkpo/Ogu had a Technical Committee headed by Chief Dr Silas Eneyo. The committee was inaugurated on 14th September, 2017, to resolve the dispute. A technical committee also headed by Chief (Dr) Silas Eneyo was inaugurated on 13th October, 2016 and re-inaugurated on the 22nd February 2018 to consider the Eleme/Oyigbo Boundary Dispute.
The Committee has concluded its assignment. For Obete/Seme-Leuku Boundary Dispute, the Rivers State Boundary Commission, set up a technical committee on the 12th of April, 2018. The committee was headed by Chief Sir Fynface Ihunwo JP. The committee concluded its assignment and  submitted its report to the commission on the 20th of December, 2018.
Another boundary dispute that was considered was that of Oyigbo/Tai (AfamUkwu in Oyigbo Local Government Area and Korokoro community in Tai Local Government Area). A Technical committee was set up on the 13th of October 2016, to resolve the dispute. The committee chaired by Chief Sir Fyneface Ihunwo submitted its report on the 23rd of February, 2017 with a recommended boundary for demarcation. No doubt the Rivers State Boundary Commission under the leadership of the State Deputy Governor, Dr Mrs Ipalibo Harry Banigo has intentionally and consistently worked to ensure the resolution of the boundary disputes to keep the peace. Other States’ Boundary Commissions are doing their best to live up to their purpose of creation, but their best may not have been good enough, hence the cases of incessant violence culminating in loss of lives and property.
Local government area chairmen should ease the burden of disputes resolution on State Boundary Commissions by constituting the Local Government Boundary Committee in their domain. Dr Hamzat, of Lagos State was right for  making the clarion call for local government areas to inaugurate the committees. Another  crux of the matter is the status of technical committee on matters already decided by courts of competent jurisdiction, even the Supreme Court with clear judgement.  Do technical committee have the locus to set aside and make recommendations which pre-suppose a setting aside of the subsisting judgement of court of competent jurisdiction as alleged by a people of Aguleri in their dispute against Umulere? An effective and functional boundary committee at the national, state and local government levels holds the wands for peaceful resolution of boundary disputes if matters were considered dispassionately, with the fear of God and without favour.

Concluded.

By: Igbiki Benibo

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Boundary Commissions And Peaceful Co-Existence

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Literally, “boundary disputes” which is conflict over how to draw border lines; or “territorial dispute” which covers conflicts over larger tracts of land or water have been a pain in the neck of many States and communities in the country.
In fact, boundary disputes account for a significant proportion of conflicts, and wars between Communities and States with attendant loss of lives and properties.
Boundary and territorial disputes are products of materials and/or cultural claims, sometimes they may also emerge as a result of fundamental changes in domestic and international environments.
In certain circumstances, boundary and territorial disputes may evolve into geographical power rivalry and competition.
To stem the unpleasant challenges that characterise boundary disputes, the Federal Government established the National Boundary Commission to look into disputed areas. And the commission was replicated in the other two tiers of Government: State and Local Government Areas.
According to the Director – General of the Commission, Mr. Adamu Adaji, the National Boundary Commission has intervened in 86 interstate boundary disputes presently with a determination to create a peaceful atmosphere within the boundary corridors.
“The Director – General who made this known at a Forum in Abuja also reiterated the commission’s commitment to ensure a peaceful boundary regime among communities, States and between Nigeria and its neighbouring countries”.
“We have been intervening in them (boundary disputes), and we can say we have been able to resolve about 30 of these cases though in some cases not fully.”
The resolutions may be partly, some grey areas are still pending and we will look into them as we make progress.
Several States and communities are locked in age-long boundary conflicts that have resulted in loss of lives and properties. Some border communities in disputed areas have been displaced and the inhabitants refugees.
In the words of Adamu Adaji, “there are so many other boundaries that are still in dispute and we are trying our best to ensure that these disputes are reduced to the barest minimum by trying to resolve them as quickly as possible”.
He listed the interstate disputed boundaries flashpoint as: Between Abia and Cross River, Abia and Akwa Ibom, Cross River and Ebonyi, Benue and Taraba, Benue and Ebonyi, Ebonyi and Enugu, Anambra and Kogi, Anambra and Abia.
While disclosing the commission’s efforts to show limits through its Integrated Boundary Management System, Adaji emphasised the need to demarcate the boundaries physically on ground to become visible.
According to him, the definition and demarcation of these boundaries physically on ground is important so that it can be very visible.
“Our aim is to ensure we have a very peaceful boundary regime to have people appreciating boundaries for what they are: there are near administrative arrangements to show limits”.
“Over the years, we have been trying to define these boundaries in such a way that it can be understood but for people to appreciate it properly; it has to be physically established on ground”.
“We have an integrated System of management of these boundaries and at the Federal level is the National Boundary Commission, boundary committees at the State and Local Government levels to determine the local government boundaries”.
“They should work in synergy towards establishing and determining our boundaries and resolving all boundary issues that may arise.”
On the cooperation of States to the activities of the National Boundary commission, the Commission’s helmsman said, “The states have been cooperating so far but not without some obstacles.
There are some uncooperative attitudes from time to time occasioned by the communities’ resistance to some of our activities because of their wrong perceptions of what boundaries really should be. So, we try as much as possible to sensitise these communities through the state boundary committees for them to buy into our activities and appreciate the extent and essence of boundaries, generally”,
On the basis for effective, and result -oriented demarcation, the Director – General stated that the commission relied on legal instruments inherited from the colonial masters, records, gazettes, treaties, agreements, maps, chats, inscriptions among others to define the boundaries.
According to him, “where some of these instruments are deficient, we resort to the principle of ground to paper.
It is a principle we had to create whereby we go on ground and rely on the communities and the states to show us what is agreeable.
We take it from the ground and transfer it to paper, try to make recommendations, analysis and description for the government to accept as a boundary between affected communities and States, as the case may be”.
However, a conflict resolution therapist, Dr. Soibim MacGregor commended the essence of the creation of the Boundary Commission. He expressed disappointment on the Commission’s lack of will to enforce boundary demarcation and adjustment in as some cases.
According to MacGregor, the commission seem to not have substantial independence from the government as those close to government involved in boundary influence the commission to do their bidding.
“Another issue that seems to dent the credibility of the Commission is the covert move to work against subsisting judgements of competent courts of law.
“No Technical Committee on Boundary dispute nor Boundary Commission has the locus to make recommendation or act in any manner that is repugnant to the judgement of any competent court in Nigeria on a disputed area.
“But, in some cases because of  corruption or interests some boundary commissions have taken decision, made recommendation that undermines court judgement. In fact, when a matter is in court it is subjudice and contempt for the commission to act on such matter,” he said.
He decried what he described as crisis situation arising from the Commission’s lack of will to address dispute because of interest or financial inducement, even in the face of substantial facts on the matter.
The Constitution of the Federal Republic of Nigeria provides for the creation of Local Government Boundary Committees, most local governments have no boundary committees.
The unfortunate situation cuts across most States of the Federation. The absence of the functional committee at the Local Government level has heightened the challenges associated with boundary disputes in Local Government Areas.
Lagos State Deputy Governor, Dr. Obafemi Hamzat decried the absence of functional committees to curb the incessant cases of communal clashes.
While stressing the importance of the National Boundary Commission while receiving a delegation of the commission on a sensitisation and advocacy visit to the State, Hamzat said creating boundary committees at the Local Government levels would aid easy identification of boundaries and go a long way in attending to communal boundary matters before they degenerate into crisis.
“There is no need for communal clashes if all States and Local Government Areas in the country know their boundaries”, Dr. Hamzat said.
He stressed the need for a functional pillar emplacement on interstate boundaries by the commission for proper identification to stop communal clashes among States.
On the Rivers and Imo States boundary, the Director – General of the commission, Adamu Adaji said the Commission had already commenced field work on the border communities of the two States following the judgement of the Supreme court on ownership of 17 oil wells located in boundary communities between the two States.
The National Boundary Commission had in the Nigeria Administrative map, 10th, 11th, 12th and other maps delineated the two communities in which the 17 oil wells were located in Imo State.
But Rivers State citing decree No.14 of 1967, Decree No.12 of 1976, the White papers/conclusion of the Federal Military Government on the Irikefe and Nasir Boundary Commission/Boundary Adjustment Commission, amongst others claimed ownership of the disputed communities.
Some of the local government areas in Imo and Rivers being affected by the field work, according to the Director – General are: Oguta, Ohaji/Egbeme, Owerri West, Ngor-Okpala, Ndoni, Emuoha, Ikwerre, Etche, Egbema, respectively.
“They will pass through the affected local government areas of Oguta, Egbema and Ngor-Okpala in Imo State, and in Rivers State will be Egbema, Ndoni, Emohua, Ikwerre and Etche”, he said.
Boundary related disputes are identified as one of the causes of deep seated resentment, crisis and wars among border Communities and States across the country. The Aguleri and Umuleri boundary disputes, the protracted border dispute between Ebonyi and Enugu States communities that have resulted in occupation of the disputed areas by the Nigerian Army, the Ebonyi and Cross River, etc are instances where development has stalled as a result of absence of peace.
Recently, about 15 bodies were recovered as Benue and Ebonyi communities located at the boundaries clashed over farmland.
According to media reports, the Ojiogu and Okpochiri Ukwagba Ngbo in Ohaukwu Local Government Area of Ebonyi State suffered loss of properties worth millions of naira, “Many people were found dead, many missing and injured”.
Similarly, Effuim and Ezza-Effium in Ohaukwu Local Government Area have also claimed many lives and created a refugee situation.
Unconfirmed reports said at least four persons were killed and over five houses were burnt.
To address boundary disputes in Rivers State, the State Boundary Commission (Establishment) Act, 2006 which empowers the Deputy Governor of the State to serve as the Chairman, was established.
The act also makes provision for other statutory members to serve in the commission. According to the official website of the New Rivers State on Boundary matters, the State Boundary Commission is empowered by the act to carry out the following thirteen functions:
To deal with inter and intra-Local Government Boundary disputes within the State; To define and delimit inter and intra-Local Government Area or Area council Boundaries in accordance with the delimitation instrument or document established for that purpose; To liaise with the Zonal Liaison officer of the commission in the State and the Federal; To identify and intervene in areas of potential disputes in the State; To hold meetings at least once in every quarter, to ensure maintenance of peace and order in the border areas; To liaise with the State Boundary Commission of neighbouring States with the view of taking joint measures that shall promote good inter-community relationship; To arrange with other State Boundary Committees for joint utilisation of shared resources and facilities along their common borders; to encourage and support peace organs within the State for the purpose of promoting peace and harmony between communities involved in boundary disputes; To monitor the activities of the Local Government Boundary committees within the State, and deal with disputes which cannot be settled by the Local Government Boundary committees; To evolve measures for joint utilisation of amenities along Local Government Boundary within the State;
To be cont’d.

 

To encourage negotiated settlement of boundary dispute in preference to litigation; And to carry out awareness and enlightenment campaigns amng the people in the State on the essence of boundaries in order to foster peace and harmony among the people living along boundary lines.
Consequently, the present administration headed by Chief Nyesom Wike,  through the Office of the State Deputy Governor, Dr. Mrs. Ipalibo Harry Banigo, has left no stone unturned in ensuring that communal and local government areas boundary disputes are promptly addressed through meetings with affected communities and other stakeholders, setting up of Technical Committees to consider critical areas and making recommendations to the State Governor.
Dr. Banigo, whose office is saddled with the responsibility of handling boundary matters has kept faith with the confidence reposed in her. And she has intentionally committed to the resolution of boundary related disputes.
Some of the intra-State disputes under consideration, according to information obtained  are: Barako/Nweberra.
A technical committee to demarcate the boundary in line with the Supreme Court Judgement was set up on 18th of August, 2016. The committee was headed by HM King Kaleh Obuge and its report was presented to the Rivers State Boundary Commission on the 8th of June, 2017. The technical reports after due consideration by the commission were retrieved by the technical committee for amendments. The reports were resubmitted on the 1st of August, 2019 for consideration.
Bukuma/Tombia boundary dispute also received consideration by the Rivers State Boundary Commission. The technical committee setup to demarcate the boundary in line with the Supreme Court Judgement in Suit No. SC/97.1919 using plan Nos. SL/25/74 and UR/433/74 as a guide found it difficult to do so because a point identified on the footpath cannot describe the entire length of the boundary and therefore recommended that a Dispute Resolution Committee be set to negotiate an acceptable boundary. The committee inaugurated on 11th February, 2016 was headed by HM. King Dandeson D.Jaja, Jeki V to look into the dispute as recommended by the Technical Committee.
The committee however, could not reach an amicable settlement and consequently recommended that the two communities should return to the Supreme Court for proper interpretation of the Judgement, even as they were made to enter into an undertaking to keep the peace, among others.
The Tema/Ifoko Communities in Asari Toru Local Government Area Technical Committee was inaugurated on 10th May, 2018. The Committee was headed by Pst. Paulinus Nsirim, then Permanent Secretary, Rivers State Ministry of Information. It submitted its report on the 20th of December, 2018.
The Tai/Ogu-Bolo (Norkpo/Ogu) Boundary dispute Technical Committee headed by Chief Dr. Silas Eneyo was inaugurated to resolve the dispute on 14th September, 2017.
A technical committee also headed by Chief (Dr) Silas Eneyo was inaugurated on 13th October, 2016 and re-inaugurated on the 22nd February 2018 to consider the Eleme/Oyigbo Boundary Dispute. The Committee has concluded its assignment.
For Obete/Seme-Leuku Boundary Dispute, the Rivers State Boundary Commission, set up a technical committee to resolve the disputes on the 12th of April 2018.  The committee was headed by Chief Sir Fynface Ihunwo JP, the committee concluded its assignment and report submitted to the commission on the 20th of December, 2018.
Another boundary disputes that was considered was that of Oyigbo/Tai (Afam Ukwu in oyigbo Local Government Area and Korokoro community in Tai Local Government Area). A Technical committee was set up to resolve the dispute, on the 13th of October 2016. The committee chaired by Chief Sir Fyneface Ihunwo (JP) submitted its report on the 23rd of February, 2017 with a recommended boundary for demarcation.
No doubt the Rivers State Boundary Commission under the leadership of the State Deputy Governor, Dr Mrs Ipalibo Harry Banigo has intentionally and consistently worked to ensure the resolution of the boundary to keep the peace.
Other States Boundary Commissions are doing their best to live up to their purpose of creation but their best may not have been good enough, hence the cases of incessant violence culminating in loss of lives and properties.
Another crux of the mitter is the status of technical committee on matters already decided by courts of competent jurisdiction, even the supreme court with clear judgement.
Do technical committee have the locus to set aside and make recommendations which pre-suppose a setting aside of the subsisting judgement of court of competent jurisdiction as alleged by a people of Aguleri in their dispute against Umulere?
An effective and functional boundary committee at the national, state and local government levels holds the wands for peaceful resolution of boundary disputes if matters were considered dispassionately, with the fear of God and without favour.

By:
Igbiki Benibo

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