By Usman Sani Omolori
Recent judgement by High Court in Lokoja granted ownership of Lokoja, Koton-karfi and Ajaokuta to Igala kingdom and even awarded Igala Kingdom N10.0bn in compensation over use of land without payment of royalties.
What the judge failed to consider, in my humble opinion, are;
- His judgement was based solely on business between two traders, one of which transited from slave trade to occupation of land.
- By 1841, what existed were European traders who were not in position to determine who truly owned parcels of land. Colonial lords, in other word, colonialism started in the land mass called Nigeria only in 1900 lasting up to 1960. Whatever happened before then cannot be legally binding 180 years later.
- Assuming argument 2 above even worked in favour of the Igala Kingdom, in history, we know wars were fought. Empires/Kingdoms rose and fell. If today the Igala found they no longer control these areas, the judge should ask why. It might have been by war against the Igala kingdom, rebellion or cession by vassal states which either we conquered ab initio (we were not part of Igala kingdom Before), Igala needed another war to reconquer those areas and not judicial pronouncement of a judge acting on trade agreement between two wrong parties. If the action of the judge should be broadened, then all areas conquered in the past should be returned to their original owners. Usman Dan Fodio jihad conquered many empires and kingdoms. All a judge need do is to find one paper of a trade agreement before the jihad and return the kingdom to another people. Even America should be returned to the Aborigines. Simply put, we are all migrants, grabbing land.
- Who pays the N10bn and who benefits from it. Who has the court recognized as the land owners (am not referring to kingdom), does any kingdom owns land or it is the people of the kingdom. Does royalties payment has a place in our modern day?
I read part of the Deed of Cession. I will counter it as follows:
A). It did not specifically mention anywhere except Lokoja. Other descriptions were vague. Even then, was the said land on the side of the river bordering Igala land or on the opposite side of the river.
B). The sale was outright criminal just as slave trade itself. Check these areas : the people do not share any semblance to the Igalas in terms of language, culture and traditions. The then Attah of Igala, having traded with the whites in slavery and perhaps we’ll informed and connected, robbed the indigenous of Lokoja (specifically mentioned in the Deed) of their land.
C). The cession action was in the era of criminality of slave trade. Not even in the colonial period. When the Queen handed over Nigeria to us in 1960, all previous trade agreements such as resembled embassies ceased to hold water.
D). Assuming Lokoja was not criminally sold, that it indeed belonged to the Attah of Igala, payment had been made and he cannot have it back, he cannot benefit twice, as in eat your cake and have it. His ownership ceased.
Facts to be established from the above are;
- A kingdom does not own a land, people in the kingdom do.
- At one point or another, Iglala lost control of the areas they claim belong to them. Whatever other reasons (war, rebellion etc) is not the main point, they do not have anything in common with the present kingdoms of these lands in terms of culture, tradition and languages.
- Deed was between two parties not qualified to do so.
- Money had been paid and collected whatever right they claimed cease to exist.
- Where is the document that first assigned the land to Igala Kingdom if not (probably) war and conquest. Today Igala seeks to conquer the land not by spears, bows and arrows or by gun, but by stupid, illogical, myopic, unresearched and unbalanced judicial pronouncement.
If truly it was theirs, it is lost for good. They should be displeased with the ruler then for his selfish interest.
If you share these opinions, circulate message to your contacts that are Ebira, Bassange and Kotonkarfi indigenes.
Usman Sani Omolori
