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.

3

(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

11

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

12

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

14

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

16

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.

24

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.

28

(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.

29

(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.

30