chapters 1 5
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NIESV Critical AnalysisTRANSCRIPT
CHAPTER ONE
1.0 INTRODUCTION
1.1 BACKGROUND OF THE STUDY
The Executive Governor of Kwara State, His Excellency, Dr
Abubakar Bukola Saraki made it clear right from the inception of his
administration that adequate attention will be given to agriculture. The
Governor said he would like to be remembered as the one who started
an agricultural revolution not only in Kwara State, but in Nigeria as a
whole1.
Governor Saraki began his agriculture policies by launching the
“Back to Farm” programme, which was aimed at boosting food
production throughout the sixteen (16) Local Governments in the state.
The government also hosted the “4th Agriculture Summit” organized
by the Nigerian Economic Summit Group (NESG).
Not satisfied with the progress recorded in the “Back to Farm”
programme, the government decided to come out with a better
strategy to revolutionize agriculture in the state. Consequently, Dr
Saraki signed a collaborative agreement on 27th July, 2004 with the
“Commercial White Farmers Union of Zimbabwe”. Later on, they
became to be known as the “New Nigerian Farmers”
This development signaled the beginning of compulsorily land
acquisition process that eventually led to the implementation of the
“Commercial Farming Initiative” in “Shonga” and its environs.
1 “Kwara in Progress”: (Special Edition) 2006, Page: 3
1
The site earmarked for the assessment exercise covered an
estimated area of about 16,000 hectares of land sub-divided into 17
farm sites.2 The assessment exercise cut across twenty-two (22)
communities within Shonga and its environs.
After all the necessary preliminary works had been concluded,
the assessment exercise commenced on Tuesday, 8th February 2005.
On arrival at Shonga, our team met other assessors from the Kwara
State Ministry of Lands and Housing, Ilorin who were also in Shonga for
a similar mission.
The Emir of Shonga, His Royal Highness, Alhaji (Dr) Haliru Yahaya
on behalf of the people of “Shonga District” engaged the services of
the firm where I am working, Messrs “Banji Olarewaju and Partners,
Estate Surveyors and Valuers” to act as their “Consultants”.
Only eleven (11) out of the twenty-two (22) communities covered
by the assessment exercise gave our firm the “Power of Attorney” to
represent their interest in the assessment exercise.3 This gave me the
privilege to be among the team of “Estate Surveyors and Valuers” that
were assigned to carry out the “Assessment Exercise” at Shonga town.
Our terms of reference include to assess the economic trees,
annual farm crops as well as to determine the compensation payable
to the affected farmers and customary landowners. Prior to the
commencement of the assessment exercise, the Emir of Shonga
instructed us to ensure that all compensation payable on economic
2 Appendix A: (Page 32)3 Appendix B: (Pages 33-35)
2
trees within the “Forest Reserve” are paid directly to “Shonga Co-
operative Society”.
Similarly, compensation accruable on economic trees and farm
crops are to be paid directly to the affected farmers and customary
landowners. The Emir of Shonga appointed one of his aides to be our
guide. A meeting was held between us and the representatives of the
various communities to intimate them about our mission and to
assured them that their interests would be protected.
1.2 AIM AND OBJECTIVES OF THE STUDY
The aim of this critical analysis is to examine both the
procedures and problems involved in the compulsory land acquisition
exercise carried out at Shonga. To achieve the above, the following
objectives were set forth;
(a) To examine the land acquisition procedure adopted.
(b) To assess compensation paid to the claimants.
(c) To examine the problems involved in the exercise.
1.3 SIGNIFICANCE OF THE STUDY
Various state governments like Nassarawa, Kogi and Kebbi states
had also identified agriculture as one of the vital tools for economic
growth in view of the fact that;
(a) It will provide cheap and affordable food for the people.
(b) It will provide employment opportunities to the youths.
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(c) It will reduce rural-urban migration.
(d) It will provide raw materials for agro-based industries.
(e) It will increase the per capital income of the citizenry.
Because of this, various state governments had formulated
different policies on agriculture. Local and foreign investors had begun
to show more interest in commercial agriculture.
This simply means more land would be required for agricultural
purposes in the near future. It is hope that this study would be relevant
in view of the renewed interest in commercial agriculture. The study
would also serve as a reference material for assessors in subsequent
assessment exercise.
1.4 SCOPE AND LIMITATIONS OF THE STUDY
The study covers compulsory acquisition procedures for
agriculture purposes and the assessment of compensation payable to
claimants affected by the acquisition exercise at Shonga. Effort had
been made to ensure that the research is free from any political
undertone as much as possible.
The study however, suffered from a number of limiting factors
due to its sensitive nature. Officials of the Department of Lands, in the
Ministry of Lands and Housing, Ilorin, deliberately withheld some vital
information. These information are classified as “Official Secrets” so
they were not made available to outsiders.
Similarly, some of the affected farmers and customary
landowners interviewed were afraid to supply any information. They
4
erroneously believed that whatever they say might be used against
them. The unavailability of this vital information, facts and figures
largely constitute limitations to the study.
CHAPTER TWO
2.0 REVIEW OF PAST RELEVANT LAWS
2.1 CUSTOMARY LAND CONTROL SYSTEMS
Long before the advent of the British as “Colonial Masters”, land
control systems were governed by customs and traditions of the
various ethnic groups in Nigeria. Two (2) distinct land control systems
evolved namely, the “Communal Land Tenure System” and the “Feudal
Land Tenure System
5
While “Communal Land Tenure System” was commonly
practiced in the southern parts of Nigeria, the “Feudal Land Tenure
System” was popular in the northern parts as well as within ancient
Benin kingdom.
In the southern parts, the land usually belongs to the community
or individual families within the society. The “Head” of the family or
the “Local Chief” in the community administered such land with the
support of the “Council of Elders”.
However, in the north or Benin traditional societies, their “Emir”
or the “Oba” held the land in trust for the people. The “Emir” or the
“Oba” had absolute control over the land and approved parcel of the
land to his subjects as he wills. Land cannot be owned unless the
approval of the “Emir” or “Oba” had been sought and fully obtained.
Under the “Communal Land Tenure System” however, land can
be transferred to individuals with the consent and approval of the
“Local Chief” in the community or the “Head” of the Family.
Each member in the community has a right to the community or
family land for housing, farming etc. The “Head” of the family or “Local
Chief” in the community can allocate reasonable portion of the land to
deserving individuals according to their needs.
With the coming of the “Colonial Masters”, various legislations on
land control systems emerged. They introduced the modern legal
systems in many parts of Nigeria. Even though the “Colonial Masters”
imposed the “English Common Law”, they still recognized the
6
importance of the “Customary Laws” on the lives of the people. Thus,
they allowed the “Customary Laws” to exist side by side with the
introduced “Common Law” and the “Statute Laws”.
2.2 STATE LANDS (COMPENSATION) DECREE NO. 38 OF 1968
The “State Lands (Compensation) Decree No. 38” was
promulgated by the then Military Head of State, Maj-Gen. Yakubu
Gowon on 1st April, 1968 4.
The “Decree” essentially made provision for the computation and
payment of compensation to persons whose land or buildings had been
acquired compulsorily. For the purpose of this study, the relevant
sections under review are as follows;
Section 1:- Provides for compensation payable for resumed
State Lands etc.
Section 2:- Provides that in computing compensation, account shall be
taken of any building, installation or crops on the land.
It also provides that compensation payable on crops on the
land apart from any building or installation thereon shall be
an amount equal to the “Fair Market Value” as determined
by the Federal Ministry of Works and Housing.
Section 4:- Provides that in an event of any dispute arising from
payment of compensation, the matter shall be referred to
the High Court or Tribunal as the case may be.
4 Laws of the Federal Republic of Nigeria, 1968.
7
2.3 PUBLIC LANDS ACQUISITION ACT NO. 33 OF 1976
In order to carryout the business of governance effectively, it
become obvious that the government has to compulsorily acquired
land for overridden public purposes. Consequently, there is need to
promulgate laws to serve as legal backup for carrying out compulsory
land acquisition exercise.
The “Public Lands Acquisition Decree No. 33” was promulgated
in 1976. The “Decree” provided a new basis for assessment of
compensation in respect of any land compulsorily acquired for public
purpose either by the federal or state governments. Later on, the
words “Public Lands Acquisition Decree No.33 of 1976” was substituted
for “Public Lands Acquisition (Miscellaneous Provisions) Act of 1976”.5
Some relevant provisions of the “Public Lands Acquisition Act” can be
found in the following sections;
Part I Section 1:- Spelt out the compensation payable for land
compulsorily acquired for public purposes.
Part II:- Laid down the principles for computation of
compensation payable to claimants.
Part IV: - Provides for the establishment of “Land Tribunal”.
The “Public Lands Acquisition Act” was the relevant legislation on
compulsory land acquisition before the enactment of the “Land Use
Act” in 1978.
2.4 LAND USE ACT NO. 6 OF 1978
5 Laws of the Federal Republic of Nigeria, 1976.
8
The enactment of the “Land Use Act” also known as “Land Use
Decree No.6”6 in the year 1978 was essentially was to harmonize all
the existing land tenure laws in Nigeria. Many factors constitute
impediments to the smooth land administration and control in Nigeria.
These impediments became a source of great concern to the
government which led to the enactment of the “Land Use Decree” on
29th March 1978 by the then Military Head of State, Lt-Gen. Olusegun
Obasanjo. With the enactment of the “Land Use Decree”, all
ownership, control and administration of land was vested in the
governor of each state in the federation.
Thus, land ownership, control and administration were no longer
in the hands of the families, communities, Emirs etc. However, the
“Decree” does not completely abrogate private interest in land.
Rather, it has made all landowners tenants to the various state
governments. Individual landowners can still maintain their interest in
land in the form of “Statutory or Customary Right of Occupancy”.
“Statutory Right of Occupancy” is a right granted or deemed to
be granted in respect of a land in an urban area. “Customary Right of
Occupancy” is a right granted or deemed to have been granted over a
land within a “non-urban” area. State governments issues “Statutory
Right of Occupancy” over land in the urban centres while the local
6 The Laws of the Federal Republic of Nigeria, 1978.
9
governments issues “Customary Right of Occupancy” over land within
a local government area.
In 1999, the “Land Use Decree” was passed into law and thus
elevated to the status of an “Act of Parliament”. Thereafter, it became
to be known as the “Land Use Act” till date. Even though the “Land
Use Act” has remained the officially recognized law on land matters, it
still suffers from many imperfections that need to be amended.
2.5 THE NIGERIAN 1999 CONSTITUTION
Under Chapter IV of the 1999 Constitution of the Federal
Republic of Nigeria, the “Fundamental Rights” of Nigerian citizens were
clearly spelt out.7
Section 43 (1):- Stipulates that every citizen of Nigeria shall have
the right to acquire and own immovable property anywhere in Nigeria.
Section 44 (1):- States that no immovable property shall be
compulsorily taken away from its owner except in the manner and
for the purposes prescribed by the law. Such compulsorily acquisition
however requires the prompt payment of compensation to the
customary landowner.
From the provisions of the 1999 Constitution, an individual has
the right to own a piece of land or building in any part of Nigeria. If for
any reason such land or building is to be acquired compulsorily, it has
to be for an overridden public interest as specified in the constitution.
7 Constitution of the Federal Republic of Nigeria, 1999.
10
Even then, due process of the law has to be followed and
compensation must be paid promptly.
CHAPTER THREE
3.0 STUDY AREA AND RESEARCH METHODOLOGY
3.1 HISTORICAL ORIGIN OF SHONGA
The town known as “Shonga” is a rural settlement in Edu Local
Government Area of Kwara State. It is an ancient town with over two
hundred (200) years old history. “Shonga” town shares boundary with
“Tsaragi” town on the eastern side and “Lafiagi” town on the western
side. The town is bounded on the northern side by the “River Niger”.
which also separates “Shonga” from its other “Nupe” neighbours in
Niger State.
The word “Shonga” is originally spelt as “Tsonga” in “Nupe”
language. According to the natives, “Tsonga” means “Come Closer” in
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the local dialect. Oral history has it that the first settlers in “Shonga”
migrated from “Lafiagi” town about 200 years ago. On arrival from
“Lafiagi”, they began to hear some human voices coming from a
particular direction. Some hunters were mandated to find out what is
making that sound.
When the hunters get to place, they discovered that small
groups of people were already living there. These “Small Groups” were
invited to “Come Closer” and joined the “Larger Group”. This invitation
signaled the integration of the smaller group with the larger group and
was instrumental to the naming of the town “Tsonga” as it is known till
today.
3.2 PHYSICAL AND POLITICAL SET-UP OF SHONGA
“Shonga” town can be linked from “Shonga Junction” at Tsaragi
en route “Share” town. The road linking “Shonga” had been tarred. It is
a distance of about 28 kilometers from “Tsaragi” town. “Shonga
District” is made up of about 60 smaller communities.
The topography is good for farming hence the inhabitants are
predominantly peasant farmers. They cultivate annual farm crops like
yam, guinea-corn, cassava, maize and rice. Modernization is gradually
catching up with “Shonga” town. Most of the old mud-houses are now
giving way for modern structures.
The Emir’s Palace had also been rebuilt at a central location
within the town. A new ultra modern Central Mosque had also been
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built.
The
town
had
already been connected to the national grid. Boreholes had also been
sunk at strategic locations within the town.
The Paramount Ruler of Shonga District, Alhaji (Dr) Haliru
Ndanusa Yahaya goes by title “Etsu Tsonga” which is popularly known
as the “Emir of Shonga” by non-natives.
Each of the smaller community is headed by a “Village Head”.
Eight (8) “Emirs” had ruled “Shonga District” so far. The present
“Emir” is a medical doctor by profession. There is no doubt that his
reign had witnessed tremendous developments within “Shonga” and
its environs. The “Emir” was elevated to “1st Class Traditional Ruler”
from “2nd Class” by the Kwara State Government in November 2006.
Table 1:-Chronology of The Emirs of Shonga Till Date
S/No. Name of Emirs No. of Years Reigned1 Aliyu Not Available2 Muhammadu “” “” “”3 Haliru “” “” “”4 Abubakar “” “” “”5 Muhammadu II “” “” “” 6 Al-Hassan 1923 – 19737 Sulaiman 1973 – 19918 Dr Haliru Ndanusa Yahaya 1991 – Till Date
13
The “Zimbabwean Commercial Farming Programme” had really
brought “Shonga” town to the limelight. When the Kwara State
Governor, Dr Bukola Saraki received the award as the “Best Governor
in Africa” for his commercial agricultural programme, “Shonga” town
also got worldwide recognition being the host community.
Plate 1:-The New Palace of the Emir of Shonga
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Plate 2:- The New Ultra Modern Shonga Central Mosque
3.3 SOCIO-ECONOMIC POSITION
Shonga plays a dual-role as the headquarters of “Shonga
District” and the host community of the “Commercial Agricultural
Farm” programme. These dual roles gave “Shonga” town many
advantages over other communities in the District. Economic activities
in Shonga had greatly been enhanced with the availability of “MTN”
and “Globacom” mobile communication networks.
Provision stores, patent medicine stores, barbing salon,
computer centres etc are now available. Commercial motorcyclists
popularly known as “Okada Riders” are also having good patronage.
There is an old “Barike” Guest House built by the “Colonial Masters”
which still serves as a relaxation spot for the people.
15
The facilities of the Primary Health Care Clinic had been
upgraded. Police Post had also been provided. Construction of “Low-
Income Mandate Housing Estates” by the Kwara State Government had
been extended to “Shonga”.
The National Poverty Alleviation Programme (NAPEP) presently
had an office in “Shonga”. Presently, “Shonga District” has about thirty
(30) Primary Schools and three (3) Secondary Schools.
Plate 3:- Soya Bean Plantation at the Shonga Commercial Agric Farm
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Plate 4:- Farm Workers at the Shonga Commercial Agric Farm
“Shonga” town had continued to witness the influx of other
ethnic groups such as the Igbos, Yorubas, Fulanis, and Hausas etc.
There is no gain saying that over the last few years, “Shonga” had
experienced a steady growth unprecedented in the 200 years history
of the ancient town.
3.4 DATA COLLECTION INSTRUMENTS/STEPS TAKEN
The data used for this critical analysis were obtained mainly from
field surveys, personal observations and from the records of the
Department of Lands, Ministry of Lands and Housing, Ilorin.
Mr. Hunter Corzeel (one of the Zimbabwean White Farmers) and
Mallam Kudu Muhammed (one of the affected farmers’) provided some
vital information during the oral interviewed conducted.
17
During data analysis, some information that the researcher
consider capable of causing bad blood between the affected persons
and the Kwara State Government were excluded. Equally, some
information that the researcher considered would amount to praise
singing of the government was also excluded.
3.5 CONSULTATIONS AND SITE SURVEYS
After the agreement with the “Commercial White Farmers Union
of Zimbabwe” had been signed, officials of the Ministry of Lands and
Housing, Ilorin began consultations with the “Emir of Shonga” and
other “Village Heads” within “Shonga District” and it environs.
The preliminary site surveys commenced in October 2004. The
map was produced by the office of the “Surveyor General” wherein the
areas to be acquired were demarcated and described in full detail.
3.6 ACQUISITION NOTICE
The Kwara State “Commissioner for Lands and Housing” with the
approval of the Kwara State Government published the “Acquisition
Notice” in the “Herald On Sunday” newspapers of Sunday, 6th March
2005.8
All the affected farmers and customary landowners were given
six (6) weeks from the date of the publication of the “Acquisition
Notice” within which to forward their claims to the office of the
“Honourable Commissioner for Lands and Housing”, Ilorin.
CHAPTER FOUR
8 Appendix C: (Page 36)
18
4.0 DATA PRESENTATION AND ANALYSIS
4.1 APPRAISAL OF THE ACQUISITION PROCEDURES ADOPTED
Even though the Kwara State Government made concerted effort
to achieve a hitch-free compulsory land acquisition exercise, some
flaws were still noticeable in the way and manner the assessment
exercise was carried out in Shonga.
The major shortcoming in the acquisition process is the
possession of the acquired land before payment of compensation.
Another inadequacy is the wide disparity noticed between the
actual compensation paid and the amount computed by the “Estate
Consultant”. Investigation revealed that the “Estate Consultant”
applied 100% of the recommended rates for economic trees9 while the
assessors from the Ministry of Lands and Housing, Ilorin adopted only
25% for their computation. This was responsible for the wide disparity
noticed in the figures computed by both assessors.
4.2 PAYMENT OF COMPENSATION / INCENTIVES
The lists of all of those affected by the compulsory acquisition
exercise were compiled and a copy forwarded to the “Area Lands
Officer” in Edu Local Government Area. The amount payable to each
affected person was specified. Each beneficiary was asked to submit
two (2) passport photographs for easy identification.
The payment of compensation commenced in August 2005 at the
“Cash office” of the Ministry of Lands and Housing, Ilorin. Apart from
9 Appendix D: (Pages 37-38)
19
the compensation, the government also gave out incentives to the
affected persons. The incentives include brand-new motorcycles,
bicycles as well as the provision of new farm sites. Other incentives are
the payment of N 20,000:00 for clearing of new farmland and
N3,000:00 for purchase of improved seeds for each claimant.
The government also provided the communities with electricity.
and also constructed some blocks of classrooms for them. The facility
of the existing clinic was upgraded with a sum of Three Million Naira
(N3,000,000:00). A Vocational Training Centre was established to equip
the youths with the required skills to make them self-sufficient.
4.3 ASSESSING THE COMPENSATION PAID
So far, over 2,000 beneficiaries had collected their compensation
ranging from N2,000 to N2.5 Million. The Kwara State Government had
already disbursed more than N100 Million to 18 communities. Payment
of compensation has not yet ended. Four communities namely Dumagi,
Faigi, Tsaduko, and Sanchitangi are yet to collect their compensation
as at the time of this research.
The assessors from the Ministry of Lands and Housing, Ilorin
covered twenty-two (22) communities while the assessors from the
firm of Banji Olarewaju and Partners covered only eleven (11)
communities because some of the communities refused to co-operate.
20
Table
2:- Ranges of Compensation paid by Govt. to Claimants
S/No. Names Of the
CommunitiesActual Amount Paid By Kwara State Govt.
Amount Computed By Estate Consultant
1 Shonga N 13,347,060:44 N 68,180,598:492 Ogudu N 2,073,916:20 N 12,043,395:943 Todo N 3,752,194:10 N 21,690673:024 Gumbaji N 3,253,716:86 N 17,404,135:515 Chitta Mayaki N 695,398:35 N 3,111,823:136 Chitta Kanshi N 1,702,621:92 N 8,088,327:387 Tsapata N 3,248,129:67 N 17,372,465:628 Chikangi Woro N 2,683,494:82 N 1 9,555,813:279 Chitta Teefin N 2,430,524:02 N 14,455,582:4910 Gboro Mandjakwa N 1,779,628:38 N 12,388,178:8511 Gboro Patigi N 497,628:48 N 2,174,303:36
Total N 35,464,086:24 N 196,465,297:05
Table 3:- Comparison between actual compensation paid byKwara State Govt. and that of the Consultant Estate
S/No. Amount in Naira (N) No. of Claimants
1 1,000 - 5,000 792 6,000 - 10,000 1453 11,000 - 15,000 1434 16,000 - 20,000 2325 21,000 - 30,000 3066 31,000 - 40,000 2317 41,000 - 60,000 2418 61,000 - 80,000 819 81,000 - 100,000 9410 101,000 - 200,000 17111 201,000 - 400,000 14812 401,000 - 600,000 6213 601,000 - 1,000,000 3014 1,000,001 - 1,500,000 915 1,500,001 - 2,000,000 516 2,000,001 - 2,500,000 3
Total 2,013
21
Surveyor and Valuer.
0
50
100
150
200
250
300
350
No
. o
f C
laim
an
ts
Amount Paid in Thousands of Naira (N)
Series1 79 145 143 232 306 231 241 81 94 171 148 62 30 9 5 3
001-005
006-10 010-15 16-20 21-30 31-40 41-60 61-80 81-100101-200
201-400
401-600
600-1,000
1,001-1,500
1501-2,000
2,001-2,500
Chart 1:- Ranges of Compensation paid to Claimants by the Kwara State Government
22
0
10
20
30
40
50
60
70
Am
ou
nt
in M
illi
on
s o
f N
air
a (N
)
Actual Compensation Paid 13.3 2 3.7 3.2 0.6 1.7 3.2 2.6 2.4 1.7 0.4
Consultant's Computation 68.8 12 21.6 17.4 3.1 8 17.3 19.5 14.4 12.3 2.1
Shonga Ogudu TodoGumbaj
iChitta
MayakiChitta Kanshi
TsapataChikangi Woro
Chitta Teefin
Gboro Mandja
kwa
Gboro Patigi
Chart 2:- Comparison between actual Compensation paid toClaimants and the amount Computed by Consultant Estate
Surveyor and Valuer.
4.4 EXAMINING THE PROBLEMS ENCOUNTERED
(a) Time-Constraints
Acquisition exercise like that of Shonga requires adequate time
for planning and execution. A situation whereby the assessment and
computation of compensation was hurriedly done within three (3)
weeks and this is grossly inadequate.
23
(b) Inadequate Publicity
Majority of the affected farmers and the customary landowners
are stark-illiterates. Publication of the “Acquisition Notice” in the local
newspapers was not enough. Adequate publicity should have been
made through the local radio and television stations in “Nupe”
language which the people understands
This would have given the affected persons the opportunity to
know the government intentions first-hand rather than through third
parties or government officials.
(c) Litigations
Probably due to insufficient publicity, four communities namely
Dumagi, Faigi, Tsaduko, and Sanchitangi refused to co-operate. They
had sued the Kwara State Government.
All these misunderstandings and legal actions would have been
avoided if adequate publicity and enlightenment campaign were
carried out before the commencement of the acquisition exercise.
(d) Inadequate Personnel.
Only nine (9) officials from the Ministry of Lands and Housing,
Ilorin and six (6) Estate Surveyors from the firm of Banji Olarewaju and
Partners participated in the assessment exercise carried out at
Shonga. The staff strength is grossly inadequate for an exercise of this
magnitude that covered an area of about 16,000 hectares of land and
which has to be executed within three (3) weeks.
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If not for the co-operation between the team of assessors from
Ministry of Lands and Housing, Ilorin and that of Banji Olarewaju and
Partners, we would have experienced many problems. Even though we
are representing different interests, we all worked together like a team
while on site. This is because we are all professional colleagues.
(e) Identical Names
Most of the affected persons bear identical names. For obvious
reasons, the money paid varies in accordance with the assessment
carried out on the farm of each beneficiary.
Unfortunately, some of the affected persons were not around
when the payment commenced. Consequently, some dubious farmers
capitalized on that by collecting money that belongs to others.
(f) Language Barrier
All the assessors could speak English and Yoruba language.
However, most of the affected persons are stark illiterate who do not
understands neither “English nor Yoruba” language except “Nupe”
language.
This language barrier caused a lot of communication gap
between us and the affected persons thereby affecting the smooth
discharge of our duty.
(g) Sandy Terrain
25
All the roads leading to the farm sites are sandy in nature. It is
very difficult even for motorcycles to ply the roads not to talk of
ordinary cars. Only jeeps and heavy-duty trucks can ply the sandy
roads leading to the farms sites.
Some of the assessors who went to Shonga town with their
personal cars could not make use of them in the sandy terrain. This
created some logistics problems for us while carrying out the
assessment exercise.
CHAPTER FIVE
5.0 SUMMARY, CONCLUSION AND RECOMMENDATIONS
26
5.1 SUMMARY OF FINDINGS
Going by the analysis given in the preceding Chapters, it is clear
that the “Commercial Farming Initiative” of the Kwara State
Government in Shonga is a right step in the right direction.
The launching of commercial agricultural programme in Shonga
and it’s environ has impacted positively on the lives of the people. The
area had continued to witness rapid developments in all ramifications
The socio-economic situation in the area has greatly been
enhanced. The people are now empowered better than before. It has
also been created employment opportunities for the unemployed
youths. The facilities that usually attract the rural dwellers to the cities
are now available thereby reducing rural-urban migration.
Despite all the positive impacts the “Commercial Farming
Initiative” had on the people, the acquisition exercise still suffers from
some shortcomings. The government has failed to strictly follow the
laid down procedures as stipulated in the relevant laws.
The amount actually paid as compensation by the Kwara State
Government when compared with the amount computed by the
Consultant Estate Surveyor and Valuer shows a very wide margin. The
comparisons had further shown that the amount paid by the Kwara
State Government to the affected persons is grossly inadequate.
5.2 CONCLUSION
The foregoing analysis had shown that prior to the
commencement of the compulsorily acquisition exercise in Shonga and
27
its environs, the area lack basic amenities and other social
infrastructures such as clean and safe drinking water, electricity,
communication facilities etc.
Even though the Kwara State Government tried to compensate
the affected persons by giving them cash and other incentives yet, the
inadequacies noticed in the acquisition exercise is capable of
undermining the good intention of the government.
In order to carry out a hitch-free acquisition exercise that would
meet the desire and expectations of the government as well as the
people concern, all the shortcomings highlighted in this study should
be properly looked into.
5.3 RECOMMENDATIONS
After a thorough analysis of all the merits and demerits in the
compulsory acquisition exercise based on the data analyzed, the
researcher hereby makes the following recommendations that:-
(i) There is need to review the recommended rates for economic
trees that was used as a basis for computation of the compensation
paid to claimants. The rate recommended was prepared since 2001 by
the Ministry of Lands and Housing, Ilorin and so it is no longer in tune
with the present realities.
(ii) Subsequent “Acquisition Notice” should be published in the
“State Gazette”. It must also be properly served on the people concern
at least six (6) months before the commencement of any acquisition
exercise.
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(iii) Assessment of compensation payable to the affected persons
should be contracted to Registered Estate Firms. This would eliminate
the usual government bureaucracy as well as ensure that “fair and
adequate” compensation are paid to the claimants.
(iv) Henceforth, adequate compensation should be paid promptly to
all affected persons before carrying out any project on the site. This
would prevent any negative reaction from the people concerned.
(v) Any dispute arising from subsequent compulsory acquisition
exercise should be settled amicably. All aggrieved persons must be
given the opportunity to hear their views without any intimidation.
(vi) There should be adequate publicity using the local mass media in
the local language that the people understand. “Town-criers” can also
be engaged to enlighten the people about the intention of the
government.
(vii) Enough time like say three (3) months should be set aside for
carrying out subsequent acquisition exercise if any meaningful success
is to be achieved. The laid down procedures stipulated in all the
relevant statute books must be adhere to strictly.
(viii) All affected persons should be given an “Assessment Sheet” for
identification right at the spot during the assessment exercise. The slip
must be presented together with recent passport photographs before
collection of compensation. This measure would put a stop to any
fraudulent practices by any claimant.
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(ix) The incentives given by the Kwara State Government in the form
of motorcycles, bicycles etc should be sustained or better still, to be
improve upon in subsequent acquisition exercise.
(x) The government should ensure that the sandy paths leading to
all the seventeen (17) farm sites are made motorable to ease the
difficulties faced by visitors to the farm sites.
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