Unending Share, Tsaragi fireworks: Will Kwara wield big stick? By Biodun Oyeleke

Date: 2016-02-27

Despite the efforts of the Kwara State Governement in finding a lasting peace to communal clashes in the state, parties in the Share/Tsaragi face-off have dug deeper into their trenches. BIODUN OYELEYE takes a look at the unabating imbroglio If the Kwara State Government is to go by some of the recommendations of the previous commissions of inquiry, then the traditional rulers of warring communities in the state risk being suspended for a minimum period of six months, going by government's decision contained in a White Paper published in 2009, after the 2008 clash between the Share and Tsaragi communities was investigated by a commission of inquiry

However, the last commission headed by AbdulGafar Mahmud had expressed concern in its report that the state government had been reluctant in implementing the recommendations of various panels and commissions set up to investigate incidences of violent clash between the two communities, arguing that the reluctance has been one of the factors fuelling the regular recurrence of violence between the two neighbours. According to the commission when discussing remote factors for the incessant conflict, "Another remote cause was the failure by successive governments to implement the reports of previous commissions of inquiry and administrative panels established to investigate past boundary disputes between the two communities.

Justice Nasiru Boundary Adjustment Commission had looked into the boundary and made recommendations and the then Kwara State Government set up a panel which recommended partial implementation of the recommendation of that commission. "The government accepted but never implemented the commission's recommendations. Again, following the civil disturbances of 2000, an Administrative Panel was set up, under the chairmanship of the then Deputy Governor, Deacon S.A. Sayomi.

However, at the end of the exercise there was no implementation. "There are several areas in which the boundaries between the communities have not been demarcated, leading to frequent tension between the communities. In fact, apart from the township where the Justice Nasiru Commission observed Beacon 18.19 and 20, there are still several areas where the boundaries are not yet demarcated like Iyana Share junction, Kange, Fenjewe or Fiagawe, Agboba hills and Lepasan bridge."

According to the documents which are now before the court as part of a case instituted by Professor Abdullahi Idris for himself and the Tsaragi community, the AbdulGafar Mahmud commission said it found out that the two communities were at peace with each other until they were divided into two separate districts with Share now under Ifelodun local government ares in Kwara south senatorial district while Tsaragi falls under Edu local government area in Kwara north senatorial district.

Said the report while discussing its terms of reference (i); to identify other matters contingent to the dispute and make recommendation generally thereon: "Though the division of the districts was done in 1933, it did not portend any difficulties between the two communities immediately. It was not until 1946, when the Native Administration Reforms were introduced, that cracks began to show in the hitherto cordial relationship wall of the communities. Hitherto, the duo had maintained and used a common Jumat Mosque, Id-el-fitr and Id-el-Kabir for prayers.

"But following the reforms which placed the two districts under different divisions the Olupako and the Ndapoto started having differences in collection of taxes. The strange situation resulted in the letter of 8th April, 1950 written by the then Emir of Ilorin. The letter made clarification on collection of taxes and the purport of the demarcation of boundary. It also indicated that cross farming was still allowed. "The Olupako and his community appeared to have given a different interpretation to the demarcation of the boundary. It was from this moment that things were no longer at ease between the communities. The Olupako could not see the justification for people on "his land" to pay taxes elsewhere.

"It was in an attempt to resolve this dilemma that allegiance elsewhere, it was in an attempt to resolve this dilemma that the two communities appeared before the Mamman Nasir Boundary Adjustment Commission in 1976. The panel decided that if the villages were Nupe Villages, they should be returned to Tsaragi. "This decision did not go down well with the Share Community. Not even the partial implementation of the recommendation proposed by the Kwara state Government was acceptable to them. No wonder the Share Community asked the commission to set aside the findings if the 1976 commission. But the Tsaragi Community understandably supported the decision and prayed the commission to effect its implementation.

"There has been a misapprehension by the Olupako of the purport of the boundary delineation for he appeared to think that result of the exercise was to make him the owner of all the land contiguous to the Share side of the boundary. The Share people regaled the commission with witnesses, including the Olupako himself; to the effect that all the land belong to the Olupako. "Again, when the commission visited the locus for the 2nd time on 29th December, 2008, the W.I. Gabriel Yemi Jimoh at various points showed the commission one item or the other falling to the Share part of the boundary as a result of the division. This succeeded in supporting the misapprehension that all land contiguous to the other side of stream belongs to the Olupako, from the moment of division and demarcation of boundary.

"Quite apart from the clarification in the Emir's letter that the boundary exercise was only for tax purposes and did not affect farming, the commission made bold to say that the law on this matter is settled to the effect that the delineation of boundary is an administrative exercise that has nothing to do with the proprietary rights in respect of the land on either side of the boundary. The ownership of lands contiguous to boundary cannot derive from the delineation and delimitation of boundary.

"The provision of both the intertribal boundaries settlement law that was in force and the now applicable local boundaries settlement law make it clear by enacting in section 11[2] that determination of boundary shall not affect any person's rights or interest over land. It is this misapprehension of the purport and essence of boundary demarcation that has made it difficult for the Olupako and his people to accept cross-farming.

"When the Emir of Ilorin stated in his letter earlier referred to that cross-farming was allowed, he was merely stating the obvious, in so many words, the position of the law on boundary demarcation. The allegiance of people is to the government at various levels. So, to insist that the Kanges and the Ankoros must pledge their allegiance to the Olupako is to claim right which Olupako neither has nor can reasonably be expected to claim." But in a lengthy letter to this newspaper, an indigene of Share, Abdulwaheed Elemosho said all the clams by from Tsaragi are nonsense.

He pointedly accuse the Etsu of Tsaragi, Aliyu Abdullahi Kpotwa as being allegedly responsible for most of the recent upheavals between the two communities. Said he: "Share in Kwara State and its people have suffered hatred, aggression, intolerance, and serial attacks in the hands of Tsaragi people and some of their Nupe collaborators; to the extent that Share is now being periodically attacked almost every eight years. Share was attacked twice in year 2000, in 2008 and in 2015. The last invasion and sacking of Share by Tsaragi assailants was between 19th and 20th December, 2015.

However, the few individuals or group of individuals who violently disrupt public peace must be purged for peace to reign. Orchestrating or carrying out looting, vandalising, burning and destruction of public properties have dangerous inclinations and tendencies. They are a condemnable act and therefore must be nipped in the bud. Observers say until the government wields the big stick, the round of accusations and allegations will continue and probably result in future clashes between the two communities

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