How states’ non-compliance with NBC’s Act endangers boundary dispute resolution

Nigeria’s federating states are not complying with the provisions of the National Boundary Commission (NBC). This has resulted in various unresolved boundary disputes across the country. AMEH OCHOJILA reports that there are over 26 states in Nigeria where boundary disputes currently exist and many governors have failed to establish state boundary committees as required by law.

Over the past few years, Nigeria has grappled with a significant rise in communal land disputes leading to the tragic loss of lives and property, which have further tasked the capacity of the National Boundary Commission (NBC), the body saddled with the responsibility of resolving boundary issues to fix those challenges. Between January 2018 and August 2022, no fewer than 676 Nigerians lost their lives in boundary-related conflicts.

These alarming figures underscore the crucial need for sub-national units to collaborate with the Federal Government to develop effective strategies aimed at mitigating these conflicts and reducing their frequencies. By cooperating and implementing sustainable solutions, stakeholders can work towards fostering greater harmony and stability across the nation.

Currently, many states of the federation are involved in boundary disputes with their neighbours. In the northwest, disputes exist between Sokoto and Kebbi, Kebbi and Niger. In the North Central, there are boundary disputes between Benue/Nasarawa, Plateau/Taraba, Benue/Taraba and Kwara/Niger. The North East has disputes between Bauchi and Gombe states. Also, in the southwest, there are pending issues between Lagos/Ogun, Ogun/Oyo, Osun/Ondo and Osun/Oyo regarding interstate boundaries. There are also issues concerning the South-South on Bayelsa/Rivers, Ondo/Edo, Benue/Cross River, Cross River/Ebonyi and Delta/Edo interstate boundaries. Similar disputes exist in the south-east concerning Abia/Cross River, Abia/Akwa-Ibom, Ebonyi/Benue, Anambra/Enugu, Ebonyi/Enugu and Kogi/Enugu interstate boundaries.

The Guardian checks revealed that out of the 36 states in Nigeria and the FCT, only about half of the states have established well-constituted committees. They include Abia, Lagos, Ogun, Ekiti, Kwara, Enugu, Imo, Jigawa, Kebbi, Sokoto, Adamawa, Bauchi, Benue, Borno, Delta, Gombe, Nasarawa, Yobe and the FCT.

The National Boundary Commission (Establishment) Act, 2006 provides for the establishment of state boundary committees in states to ensure collaboration with the NBC for dispute resolution. Sadly, despite the lingering boundary crises in states, most of the governors fail to properly constitute the committees according to the law.

The NBC Act, Part IV, Section 12(1), provides for the establishment of Boundary Committees by each state of the Federation and the Federal Capital Territory, Abuja.

This law mandates the set up of a committee to be headed by the deputy governor, which shall comprise the key stakeholders such as the state commissioners, Attorney-General, and Director of State Security Services, among others. These people will be entrusted with pivotal responsibilities related to boundary survey, finance, economic development, planning and statistics. The principal focus of part IV section 12(1-12) of the NBC Act is for the states and local government area councils to constitute a boundary committee for collaboration with the NBC for prompt resolution of boundary disputes and management of the boundaries.

The law states clearly in part 14 (2): “A State Boundary Committee shall consist of (a) the Deputy Governor of the State, who shall be the Chairman; (b) the Commissioner each responsible for survey, finance and economic development, information, and Local Governments; (c) the Attorney-General of the State and Commissioner for Justice (d) the Commissioner of Police in the State; (e) the Director, State Security Services in the State; (f) the Surveyor-General of the State; (g) the Comptroller of Immigration Services; (h) the Chairman, Council of Chiefs or Traditional Rulers for the state (i) the Chairman orChairmen of the Local Government Areas, be co-opted when matters affecting the Local Government Areas (j) three other persons knowledgeable in boundary and border representing each of the Senatorial Districts.”

However, despite the existence of the law and the lingering disputes in many states, most of the state governors have yet to properly constitute their State Boundary committees to ease the resolution of the disputes, thereby putting undue pressure on the Federal Government for the resolution of state issues.

The Director-General (DG) of the National Boundary Commission (NBC), surveyor Adamu Adaji, said states and local governments across the country must adhere to the legal requirements by establishing sub-national committees on boundaries. He added that the three-tier system of government requires a boundary management system that involves the NBC, the state and local government boundary committees to work in synergy.

Emphasising the need for a three-tier committee to tackle the challenges of boundary disputes, Adaji urged the state governors to first constitute their respective committees, and thereafter direct that each local government council establishes its own for joint efforts in boundary management.

The DG stated that workshops were conducted for all the zones for stakeholders to be encouraged to promote peaceful coexistence. According to him, there are plans to pay advocacy visits to the governors on the need for state boundary committees to be established. He reported that 24 boundary disputes have been resolved within the last four years. These resolved disputes, he said, cut across the six geographical zones; from the North West to the South East. In the North West – Jigawa/Katsina, Kano/Kaduna and Kaduna/Katsina.

He explained that since he assumed office, he had emplaced 77 main pillars along the Enugu/Ebonyi interstate boundary and was able to successfully demarcate the boundaries between the FCT and her neighbours, in addition to Gombe/Yobe, among other internal boundaries. He said that 15 pillars had previously been emplaced between Benue and Ebonyi, adding that further engagement of the communities is ongoing to see the amicable definition of the boundary. Ogun/Oyo and many other states are being engaged.

The NBC DG explained that about 26 boundary disputes have been resolved and plans are on to have them gazetted, while others are in the process. According to the DG, beyond the resolution of boundary disputes, the commission is also involved in the management of boundaries by ensuring transborder cooperation amongst the inhabitants of border communities to ensure they live in harmony.

He said: “The state boundary committees play very sensitive and important roles of engaging their neighbours on issues of boundary. We are battling to get the state boundary committee properly constituted and when they are made functional, they can complement the works of NBC, because we are supposed to work in synergy. The state, in turn, will constitute the local government committee.

“It is expected that any issue on boundary at all will emanate from communities and if the local government council committee is functional, it is expected to present a position paper that would help the State and the NBC.”

He explained that as part of strategies to effectively manage boundaries, the commission sometimes cites essential government projects at the resolved boundary line to enhance brotherliness and interaction.

Also, Aba Obande, a surveyor, highlighted the pivotal role these committees play in mediating disputes, facilitating dialogue, and finding sustainable solutions that benefit all parties involved. He said that by adhering to the NBC’s Act and ensuring the effective functioning of these committees, stakeholders can contribute significantly to reducing conflicts and promoting harmonious coexistence in boundary-related matters.

On the need for collaboration, a public affairs analyst, Elempe Dele, said governors’ refusal to constitute the committees shows how uninterested they are in issues concerning the boundary crisis and harmonious living. “It is the least of their problems, I guess,” he declared.

Monday Ikpe, a lawyer, expressed concern over the numerous boundary disputes across several states in Nigeria. He stressed that these disputes not only create disunity among brothers but also place unnecessary pressure on the Federal Government to intervene if states, which have the direct responsibility to act first, fail to do so.

Ikpe said: “State governors must prioritise resolving these disputes through properly laid down laws and dialogue, rather than relying solely on federal intervention.” He further emphasised that collaborative efforts and adherence to legal frameworks will lead to more sustainable solutions in addressing these complex issues.

Another lawyer, Paul Mgbeoms, suggested that the failure of the governors to establish the committee may be due to a lack of resources to fund such, in the light of the current economic challenges facing the country. He also said that it may be because there are no consequences for failing to constitute such a committee.

“In states where boundary disputes may escalate into a breakdown of law and order, the governors should establish the committee,” he advised, adding that the constitution of such committees for inter-state boundaries must have the approval of the NBC.

Yet another lawyer, Okueyelegbe Maliki, pointed out that the provisions of section 12(1) of the Act, which mandates the establishment of State Boundary Committees, make it compulsory. He noted that the section used the word “shall”, which in legal context indicates a mandatory requirement. This, he said, means that the state governors are obliged to set up these committees.

Maliki acknowledged that the issue lies in the lack of political will by the governors and enforcement mechanisms to ensure compliance. He stated that without consequences for non-compliance, such as legal action or court intervention, some state governors may continue to ignore this important provision.

However, the NBC DG differs on the need for legislation compelling state governors to comply. He rather believes that the law establishing the commission is sufficient and what is required is the political will of the governors to establish the committee.