Modern uses of land by the chiefs.
Two factors have
marked major turning points in the occupation and use of land
in the NWP. The introduction of cattle in 1919 (Njeuma and
Awasum 1989: 288) and coffee in the early thirties
(Chem-Langhëë 1989). The introduction of long-horned
cattle grazing by Fulani graziers from Nigeria and Banyo has
led to numerous problems for resource management since access
rights to land for grazing competes directly with the agrarian
patterns of land utilization.
The later
introduction of coffee provided new patterns of individual
enterprise and capital accumulation. As a cash crop, the money
earned accrued to the farmer as an individual and not to the
lineage. This immediately spurred males to invade surrounding
farmland and plant coffee. This implied long-term alienation of
land and altered patterns of land use in the subsistence
communities. Land occupation increasingly became a case of
permanent alienation.
The ensuing competition for land has given rise to conflicts
over land for cash crop cultivation and food crop cultivation,
and conflicts between farmers and graziers. The major
transformation in the customary law principles is the
commodifcation of land. For example, Fulani graziers settled in
Kom paid an annual tribute of one cow per family to the Fon as
a sign of their recognition of the Fon as landlord over all of
Kom. With the enactment of the 1974 Land Ordinances, and as a
consequence of local politics, the Fulani graziers were
persuaded not to pay this tribute. So, a valuable source of
royal finance was lost. The late Fon of Kom, Jinabo II, devised
a new strategy of selling all unoccupied lands to the Fulani
graziers. The local bureaucrats in the Fundong Sub-Division
served him notice that he would be arrested if he persisted in
'dabbling in land matters' since, as the local administration
now claimed, all land matters were reserved for the Land
Consultative Board chaired by the Sub-Prefect.
When asked why he was selling land contrary to tradition, the
Fon retorted: 'Why keep the land when the Sous-Prefet controls
it anyway'. He saw himself in direct competition with the local
bureaucracy for management prerogatives over land. Rather than
adopt a confrontational approach to the local state elite, the
Fon opted to sell off the land to Fulani graziers. By so doing,
he was destroying the material basis of his power which hinged
on his ritual construction of space by pouring libations on the
same land.
In response to the suggestion that he should have registered
his unoccupied lands and then leased them to graziers, the Fon
retorted:
'What makes my land my land? Is it that piece of paper or the
fact that I am Fon of Kom? It does not matter whether I
register the land or not. Traditionally, all grazing land ...
is mine, no matter what the Senior Prefect, the Agric. Officer,
the gendarmes and the government people ... may say. I am the
landlord as far as grazing land is concerned'.
In a more desperate mood, the Fon resorted to graphic
metaphor:
I have since realized that I am like an (earth) worm since I
became Fon of Kom, and more specifically since the Senior
Prefect started ... to warn me. Yes, I am as weak as an (earth)
worm ... I am like a worm in the midst of ants. On my right,
the 'tiny chiefdoms' are biting me, on my left the Senior
Prefect and his gendarmes. Everywhere around me, there are
pressures. Whether I give the land to the Fulani or not, the
Senior Prefect will not only give them but will threaten me
with arrest if I challenge him ... Everybody is blaming me as
if my successor will not sell the land to strangers ... The
land is no longer mine (Chia, n.d.).
The ability to convert public law rights of land control to
private law rights of ownership, has led to unmitigated land
alienation. Sale of land is such a common phenomenon that
future generations might fear to find no family land left for
them. This trend has been accelerated by local administrators,
such as District Officers, who are taking advantage of the law
to seize control over land and other prerogatives that formerly
accrued to local landlords.
In response to this encroachment, the chiefs and their notables
have been formulating new strategies such as to share family
land among family members, unmindful of the fact that land
belongs to a vast community, many of whom are dead, few are
living, and many are still unborn. Does this mark the
disintegration of authority of chiefs and the notables in
traditional society? The alienation of the most fundamental of
family properties, land, can only tear apart the corporate
juristic entity that is the family. This marks the emancipation
of the individual from the corporate group.
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