Boundary Commissions And Peaceful Co-Existence (II)

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