Boundary Commissions And Peaceful Co-Existence

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