Twenty five years after, tension is rising in the Nyiev-Mbawa Community in Tiv Land of Benue State.They have been waiting for justice after they were dispossessed of their land without adequate compensation. Even a white paper of a government commission is yet to be implemented

It was meant to elevate the people beyond their dream.A full fledged university for them of course should naturally  be accompanied with other facilities in tow.No community will ever turn down such opportunities .The Nyiev- Mbawa community of Benue state was even more elated with  the promise of compensation for the people who had to sacrifice the lands upon which the University would be located. Both the old and the young saw the project as a good omen since it would naturally uplift the people and serve as a vehicle  for monumental transformation of the society into a most modern enclave especially given   the prospect of reducing poverty .They  offered their ancestral  farmlands  with glee.

But twenty five years after, the people are in despair .The project has turned out to be one big fraud and a source  of manipulation and deceit .Most of the people are yet to come to terms with what has befallen them ever since .The elders who have survived the pains of deceit and utter neglect now recount their tales of woes to their young ones who are also forced to swallow the bitter pills of their deprivation and marginalization in the scheme of things .The Nyiev –Mbawa community  is now crying for  justice to prevail. Even its elite who initially worked as collaborators with the manipulators are now seeking a way out of the morass with a view to extricating the downtrodden and used people from the shackles of neglect.

The cold facts of the travails of the Nyiev-Mbawa host communities’ loss of their possession are harrowing.They gave their lands for the establishment of the University of Technology now University of Agriculture in Makurdi.But the compensation for the host community has since developed wings.Persistent cries by the community led the Benue State Government  to set up a commission called The Nyiev –Mbawa Land Compensation Commission of Inquiry. It  had Lt Col.V.E.Obaseki as chairman, S.S Idajili and JP Dajo  as members. PS Ocheni was the secretary and AS Akpala served as its leading counsel. Actually the commission even by official accounts was set up following complaints by Nyiev-Mbawa community that they ‘were cheated in the payment of  compensation of their land acquired by the defunct university of Technology now University of Agriculture , by Sam Tsumba and Company’.That was why the state government set up a commission   November 2, 1987 to look into  the grievances’’.

The Commission had six terms of reference namely: to establish the actual amount  voted for payment as compensation to persons who were displaced  following the acquisition of the land meant for the University of Jos; to investigate and ascertain if all persons ,individuals or communities entitled to compensation have been paid the money due to them; scrutinize and examine the records of the persons do charged  with the responsibility of utilizing   or disbursing the compensation  funds with a view of determining  whether or not  funds for the compensation were properly utilized .The commission was also to establish the exact area of land acquired for the purpose  of the university and to determine whether all persons concerned had vacated ;determine if there was any abuse, misuse or misappropriation of the money meant for compensation and to inquire into any matter not mentioned  but which the commission considers pertinent. The  Commission was subsequently given one month to submit its reports.

A copy of the white paper on the Commission’s report obtained by Insider Weekly reveals the fraud that the land compensation project turned out to be. There were direct indictments of people who lined their pockets .One of those so indicted was Sam Tsumba who was the attorney of the community. But sources revealed to the magazine that Tsumba was an attorney imposed on the community by some forces in  the state.

Its report is damning with very grave  indictments.It actually found out that  the valuers recommended N10 million as compensation for the land. It noted however  that University of Jos invited  Tsumba  who joined the negotiation to reduce the compensation to N7,500,000.But with additional N200,000 for other claimants, the commission recommended that N7,700,000  be paid as compensation for those ‘displaced as a result of the  acquisition of the land meant for the University of Jos, Makurdi Campus’.The government white paper accepted the N7.7million as compensation.

But even the commission was not happy with the downward review of the compensation to the host community of the university which later metamorphosed into the University of Agriculture, Makurdi . Inter alia the report said:“the difference between  the assessed figureof  over N10m  and N7,700,000 is too large to be  left without comments. It is unconscionable  of the University to have turned its back on the assessment which it commissioned the Ministry Of Lands and Survey to undertake .To have negotiated a lesser amount  with the villagers  Attorney is  most unfair to the villagers displaced .The Commission holds that the acceptance of the  downward review  of the assessed  compensation by the  Attorney  was most unreasonable in the circumstances .It cannot  therefore , be said  that Mr Sam Tsumba has effectively and conscientiously discharged  the professional  duty  which  he owed his clients in this compensation matter. His conduct was a letdown’’

Even the land itself was not bereft of controversy .The commission noted that  in a letter dated May 21, 1981,   the  University of Technology  now  University of Agriculture Makurdi made a request to the Benue State government  to avail it a parcel of land to develop its permanent  site . Thus, a site situated at North Bank of Makurdi covering the Nyiev /Mbawa settlements was selected .A private surveyor was engaged by the university and a survey plan was thus submitted to the Ministry of Lands and Survey for final approval .The final area as revealed by the survey plan and approved by the Governor on 8th March 1983 measured 7978.578 hectares .On the 10th of March 1983, a Certificate of Occupancy No. BN.10475 was issued by the governor .But the commission also noted that “as at the time of writing this report, the Commission has ample evidence that majority of the villagers have still not vacated the land including  those who have long been paid their compensation money. Evidence  also abound that some of the villagers’ refusal to vacate the acquired land are (sic)not far fetched .Firstly, it is the commission’s finding that he Ministry of Lands and Survey has not  been alive to its  responsibilities by not  providing  alternative site  for  these displaced villagers.This is because between March 1983 when C of O  was issued and May .1985 the Ministry did nothing in furtherance of the goal. Secondly, the Commission found out  that there was breakdown in communication between the claimants  and their attorney which led to series of complaints  and  petitions  over the actual amount payable to them . It is the commission’s view that there was intrusion of subterranean political forces in the legal representation  of the villagers. Some witnesses alleged that that their Attorney was imposed on  the community by the then civilian administration for political and monetary benefits’’.

There were more trenchant  findings by the Commission with regards to the issue of whether there was any abuse, misuse or misappropriation of money   relating to the payment of compensation  for the acquired land.The Obaseki commission noted that  there were glaring cases of irregularities arising from the disbursement of compensation to the villagers.It seems like a scam was perfected by those who wanted to loot the funds establishing  conduit pipes for draining the money. According to the commission“in some instances, the commission discovered that the entitlements of certain claimants were partly paid to a group called “contact group’’.A case in point is that of Yenmtyo Ukough in Sector B with payment voucher No A 32 who was assessed for N3,689.23 and paid N1,829.00 but  it was stated on the payment voucher that the balance of N1,045.29 was collected by the contact group .Another example is that of Iorhrahee Deban who was assessed at N4,682.40 but paid N2,000.00.His payment voucher No.A 42 has an indication that the balance of N321.09 was paid to the contact group .The last example  is one Zerzer Yagba who was assessed at N948.00.In his payment voucher No A 254, the sum of N470.05 due to him  was paid to the contact group. CW21’s explanation  was that the contact group were the people selected by the Chiefs  to cross check the payment vouchers  to see that there was no mistake  and that when mistakes were  discovered, the money was paid to the contact group .The commission entirely rejects this explanation of contact group and holds that the group is a (faceless) organization designed by the donee of the power of Attorney to defraud the villagers…’’The commission also noted that ‘‘the payment of 5% reimbursable (contingency) Chinwuba/Odumodu and Company besides his 10% professional fee was said to have been made by Sam Tsumba as overhead charges’’

It was based on the foregoing that the commission recommended that clear case of irregularities existed . Also, the committee said  also that the amount o N1,836.43 involved in the payment to the so-called contact group should be refunded to the beneficiaries  but their attorney (Sam Tsumba).It added that the 5% reimbursement (contingency) was a professional gimmick between Chinwuba Odumodu and Company  and Sam Tsumba  and Company  to misuse the compensation meant for the claimants  and it condemned it in strong terms. But the commission noted that it was “unable to hold Tsumba  responsible for the disbursement of the  5% reimbursement (contingency) since it was admitted by Chinwuba Odumodu as having been paid the money on account of the expenditure he incurred in respect of his 20 field staff.“

Government’s comment on these findings were more caustic and acerbic .Government the white paper  “accepts  10.56(1) and (11)  and also the findings of the commission that the so called  contact group  is an organization used by Sam Tsumba  and Company to defraud the displaced villagers  and beneficiaries .Accordingly, Government directs that the Police and the Ministry of  Justice Should investigate  and prosecute members of this organization and their associates(including Sam Tsumba  and company)  for conspiracy  and other offences, and recover from them all monies siphoned through the Contact Group .It also went ahead to condemn Sam Tsumba and Company’s “fraudulent conduct in strongest terms.

Furthermore  the white paper said ,“Government observes  that from the proceedings and findings Chinwuba and Odumodu’s fee is 15% of the total compensation money  which had been negotiated by their principal, Sam Tsumba and Company and it therefore means that Odumodu’s fee stands at 15% of N7.7m  which when translated in cash is N1,155,000.From  the proceedings Odumodu admitted having received N1,340,000 which is N185,000 in excess.Government  directs that Sam Tsumba and company and Odumodu and Company jointly and severally refund the money(N185,000.00) to compensation Disbursement Committee ,failure to do so, both Sam Tsumba and Company and Odumodu and Company be referred to the Panel on Recovery of Public property.“.

From the commission’s report an the white paper, the many scandals of Sam Tsumba were numerous .Government asked Tsumba to refundN340000 which was purportedly paid to one D.Agu since it was Anyebe Uji who did the accounting work.He was an attorney that was truly imposed ,this fact was attested to by government in its white paper acknowledging  the fact that Tsumba was not the people’s attorney.Even more the whitepaper notes that the “government condemns the role played by some prominent politicians/public officers  during the Aper Aku’s Administration such as Messrs Vincent Orjime, Athanasius Iorsase Angereke,Peter Tyo and his Cousin Mr Steven Andzenge in imposing Sam Tsumba and Company on the villagers/beneficiaries“.

Somehow, the bulk of these recommendations and decisions were left largely unattended to .But the people of Nyiev –Mbawa host community continued to extend their hands of fellowship to the university so as to foster academic excellence.The peaceful atmosphere enabled past Vice Chancellors   to have successful tenures Majority of them were of  non Tiv  origin and background .Such serene atmosphere helped to deepen national intergration .Now the university has become  a melting pot of diverse Nigerian cultures.A visit to the South Core campus attests to this  .

Some dramatic  and even tragic twists have  however been witnessed in recent times. The Story of the Nyiev-Mbawa  host community changed  overnight with the  appointment of  Professor Daniel Vershima Uza ,the former Dean of the Faculty of Veterinary medicine of the university  as the new Vice Chancellor in November 2007. Uza is also Tiv from Kwande Local Government   of Benue state.Mayhem was unleashed immediately after Uza’s appointment was announced as the new VC.The Nyiv-Mbawa host communities gave Uza a violent and hostile reception.In the aftermath of the violence, the bridge which links the university community with the North Bank part of Makurdi  was cut down.

Insider Weekly learnt that trouble started because the Nyiev-Mbawa communities after a long while  expected their son Professor Emmanuel Iornumbe Kucha the then director of academic planning  to emerge as the VC.Such appointment the host communities hoped would help address the issue of their long awaited non-implementation of the Government White Paper  on the Nyiev-Mbawa Land Compensation.In the course of the violent protest, the Nyiev-Mbawa host communities of Isherev,Iharev and Minda  argued that the emergence of Professor Uza as VC was by fraud since the laid down procedures were not followed.They also argued that Uza’s appointment was facilitated by Michael Kaase Aondoakkaa,whom many said they have little respect for.The Attorney General of the federation is described as clannish,,unrefined and greedy and morally reprehensible.The host communities say the Justice minister used his position to influence the choice of Uza and this fuelled the people’s protest all the more.

But for Aondoakkaa’s influence, the Nyiev-Mbawa host communities say Uza lacks the background and integrity to genuinely floor their son, Kucha in a fair contest for the  post.Delving into history, sources say Uza had questions over  his past;he is also said to be conservative and arrogant..He was credited also with running down the Cattle Ranch in Ikyogen. He was also on the board of College of Agriculture Yandev which was sacked for financial mismanagement by a former military regime .Perhaps the host community was emboldened by security reports about the top  contenders for the office of the VC.In the  security report dated Sept 5, 2007, Uza was described as “not a popular candidate for the post of Vice Chancellor“.The security report however noted that “relevant crime records with security agencies did not portray the Professor(Uza) as a criminal .However, the issues raised above are critical as members of the neighbourhood community  and the University are threatening to negatively react if he(Uza ) is appointed as the Vice Chancellor).The same security report noted inter-alia that professor Kucha  the son of the host communities “is widely accepted within and outside the university’’, Kucha was also described by the security report as “an epitome of wisdom.“In addition, relevant crime record checked  “did not reveal any adverse record on the subject(Kucha).Professor Istifanus Dafwang was the third candidate described as easy going,likeable  and friendly by the security report.Interesting the government appointed a man even security reports said may not be acceptable owing to probable negative consequences.   It took the intervention of the present Governor Gabriel Suswam and some top government officials who are from Minda area of the host communities to bring the protest  over the appointment of Uza to an end.

Though the protest ended, the more discerning members of the host communities believe  that Suswam coming was actually out to promote and defend the interest of Sankara/Kwande and Zone A senatorial district  where the governor originates from in order to perpetuate their domination over Minda.Insider Weekly learnt that the present  development has created deep  distrust between the host community and the university so much so that the VC’S security convoy is larger than any governor’s anywhere in Nigeria for fear of attacks.

Such anxiety and state of fear by the VC  and the security agencies were fuelled by the deluge of petitions ,legal threats members of the host Nyiev- Mbawa communities  demanding the implementation of the 1987 Government White paper on the NyievMbawa Land compensation

Prominent members of the host communities told Insider Weekly that the appointment of DV Uza  as VC has opened old wounds  as the  host communities of Isherev, Iharev and Minda larger clan complain  now generally of marginalization by their affluent brothers from Zone A senatorial district .Some of the instances of marginalization they have cited are legion . First, they argued  that in 1946 during the emergence of the  first Tor Tiv, their son from the Minda clan, late Makondo Gbom was to emerge as the first Tor Tiv but he was robbed of the  seat. Instead, the late Makir Dzakpe was appointed as the first Tor Tiv.The late Makondo Gbom suffered further indignities that left him in a state of flux, a state of mind that was believed to have left him in a pitiable condition until his death in October 1977.

The second instance of marginalization according to the Minda clan is that  in 1993, a Minda son, late Honourable Valentine Iortim Iyough was also robbed of being  Senator of  the Federal Republic in favour of Dr Iyorchia Ayu who later became Senate President. Third, in 2004, the larger Minda clan protested against the sale of their ancestral land in Makurdi by their affluent Tiv brothers.Violence ensued as the Minda clan claimed that the police were used against them  by  the wealthy brothers because of  their position in the political status quo of Tiv land.“To the shock of all,human  faeces, for the first time in Tiv history were thrown into the palace of Tor Tiv in Gboko in the course of the protest against the sale of land by the more affluent brothers.“ a Minda son told Insider Weekly.It was alleged that people from the more affluent side threw faeces  at the palace because  the Tor Tiv now,Dr Alfred Torkula is Minda, a minority within a minority.

Fourth, the Minda clan said another clear indication of marginalization of their people occurred during the Olusegun Obasanjo presidency.At a point former Senator JKN Waku a Minda man protested against the policies of Obasanjo.But the shock  of his kinsmen, the affluent Tiv brothers were part of the conspiracy  in demanding for Waku’s head.It is viewed  that Waku got this treatment because he is Minda, a minority.The treatment meted to Waku was in sharp contrast with how other Tiv brothers received Chief Godwin Daboh who was allegedly sponsored by  the political cabal to run down J S Tarka. Daboh was celebrated as a patriot and a hero.In the words of a Minda man“This is the hard reality we are made to live with day after day in Tivland.We are even beginning to question our ancestral roots if we are  actually Tivs because of this injustice

In Benue state Zone A senatorial district has the highest number of people in top government positions.The governor Suswam,,Aondoakkaa, Gemade among others are from the zone.The late JS Tarka, was from the present zone B senatorial district but he  was not Minda.Tarka was from the Jembagh Mbakor  currently in Tarka Local Government area.Ayu is not Minda as well even though he is from Zone B.Ayu is of the Jembagh Ipav currently in Gboko Local Government area.

Tension in the Nyiev -Mbawa communities seems to be rising again because there are reports that the powers that be from zone A senatorial district are already positioning a VC who might succeed the current VC.The new man being positioned as the next VC is Professor PA Wannune from the Department of Fisheries of the University. It is in line with this plot that Honourable  Abba Moro was schemed out  as chairman of the university’s governing Council in conspiracy with some elements in the Federal Ministry of Education .Moro has been replaced by Dan Shere.

The tension in the community is further heightened by the fact that  the key recommendations of the Obaseki commission have not been fully implemented.Such recommendations include the resettlement of host communities,payment of outstanding money and the prosecution of those involved in the scam .What has remained shocking is that for 25 years the host communities kept quiet over the issues.And Why the sudden interest in their case?When Insider weekly sought answers to such  question, it was revealed that some elite  from the host communities seemed to have been part of the conspiracy.Some of those who felt bitter and had the courage to always speak were  not quite enlightened  and were also unable to take the struggle further.Added to these factors was what an elite called the nature of the people which informed their hopelessness and voicelessness.

Insider Weekly also learnt that during the active days of the Campaign for Democracy, Mr Tor Gowon Yaro, who is currently an arrowhead of the struggle by the host communities contacted Chief Gani Fawehinmi, Femi Falana and some human rights activists on this issue and they were willing to take up the issues and fund any legal case thereof. But in the course of his consultation,Gowon was accused by certain elites within the displaced and immediate communities of attempting to turn Makurdi and Tivland into  a colony  of human rights activists and Yoruba radicals.

But with the appointment of Uza as the new VC, the same elite who were initially against Gowon Yaro’s moves have gone around trying to encourage Gowon now to take up the gauntlet and pursue the case like the last thing he would do for the community.Some even tell him it is a compulsory duty he must acquit himself of so that Minda will not be  further trampled upon and consigned to the dustbin of history.

The first move by Tor Gowon group  under the auspices of Nyiev-Mbawa Displaced Community Forum  was to write a letter dated 6th August 2008 to the governor of Benue state titled: ‘Request for the implementation of  of Government White paper on the Nyiev-Mbawa  Land Compensation’In it ,the Forum prayed government to among others release the monies outstanding at the current value of the Naira for disbursement to the concerned people .It urged the University authorities to be alive to their corporate social responsibility among others.The  Forum stated that  its struggle has been  against “a case of inhuman and unjust treatment  of a sub clan within  a minority set up of a people without  a voice battled and completely disregarded though we are right.We have been silent for over twenty years which the relevant authorities construed  that we were complacent  with the status quo….However, the bare facts of the case do not imply that such gross injustices, malicious cheating of a large people would be silenced just like that. History is replete with numerous examples of cases  where government took over lands from people without adequate compensation ,who kept silent but in the end, the silence exploded like  a keg of gunpowder’’This was later followed a letter by their lawyer, A.A Oche dated  30th January 2009.It was this letter that compelled the university of Agriculture to give a reply.

Anger of the community was aggravated earlier this year when  the Registrar of the University of Agriculture in a letter said there was no outstanding liabilities to be paid to the host communities. The letter signed by Dr SA Ede  registrar and secretary of the said inter alia that“ the university ofAgriculture, Makurdi has fully paid up  its financial obligations calculated in the agreed total compensation which was contained in the Government White paper on the Nyiev –Mbawa Land Compensation Commission of Inquiry 1987;due to the Nyiev-Mbawa communities and meant for disbursement to the beneficiaries of compensation  at the permanent Site of the University.The last of such payments was released to the secretary  to the Benue State Military Government as far back as November 11, 198.Consequently, the university of Agriculture has no outstanding liabilities under the Government White Paper 1987.This reply was said to have been like a further wake up call on the host communities and the Minda clan who view the position of the university as an insult.

This anger is believed to have set off some chain reactions from the host communities.For instance a new group has become deeply involved in the struggle. It is called Klan-U-Iharev-Ken –Won, meaning the Iharev Clan in the Diaspora.The mission of the group remains unclear.But the group is uncomfortable with the creation of an Idoma State for fear–of being marginalized further in Tivland .The Klan U group is rather in support of  the formula of power rotation in the present Benue.The Klan is made up of highly placed persons in military ,security, civil society and others .It was learnt that this group is solely behind Tor Gowon Yaro in his struggle .Also, the group is largely sponsored by Mr DE Adetse who is from Guma Local Government Area of Benue state.Adetse operates both in  the Gambia and the United States of America.He is believed to be into oil and communications businesses . Interestingly, he was not brought up in Tivland.

The renewed activism by the Nyiev Mbawa host communities has further  drawn the attention  of the State Security Service  into the matter.SSS men visited the area early February 2009 and officials held a meeting with the community leaders .The meeting with the SSS lasted for about four hours in Elder Koraga Chihin’s compound in the South Core part of the university.The magazine sources revealed that several sensitive issues were discussed.One of the issues was the question of the resettlement due to the community based on the White Paper  which was handled to the SSS officials.The SSS men reportedly said that there was danger as a result of the non –resettlement of the host–community  .This issue has become worrisome to the SSS because of the record of clashes in Tivland  as well as clashes between Tivs and their neighbours in north Central Nigeria.That’s is why the SSS said they were disturbed about the unfolding events .

But the SSS officials also wanted to know the reason why this issue which had been there for some years now suddenly became an issue 25years after.Elder Koraga  according a source told them that  the problem was that of illiteracy; and that those who could have helped resolve the matter earlier were making an enterprise out of it.Of course it is an open secret that the white paper on the crisis named Sam Tsumba.Koraga also said one Avine Agbom may also have given the people some troubles as he was also a stumbling block.Those at the meeting  were shocked to hear the SSS say that they were  also aware of the many moves of Avine Agbom.A security report on him is said to exist and any attempt by him to make any in road into politics or public appointments may hit the rocks as he may not get security clearance in the light of his known activities.That is why the emergence of Tsumba as the Secretary -General of Mzough U Tiv remains shocking to many.Sources said Tsumba emerged as secretary general at the behest of George Akume against the wishes of many who question his credibility.

The people of Nyiev-Mbawa communities hope that as these issues gain certain stage, government will take the right steps by correcting the mistakes of the past;first by giving the people their due and ensuring fairness in the appointment of  their sons and daughters as opportunities emerge henceforth.The Civil Liberties Organisation,CLO as well as the Committee for the Defence of Human Right,CDHR have been deeply involved in making the case for justice for the Nyiev-Mbawa host communities.The CLO in a letter to the presidency dated May 20th 2009  and signed by its president Olasupo Ojo said among others the “Presidency visit this matter by setting up an independent committee of inquiry to look into the devastating effect of the displacement  of this community and the subsequent retroactive effect on the TIV nation ,Benue state as a whole and  the Nigerian State.We also call for the questioning  and investigation of Barrister SAM TSUMBA the then legal representative of the displaced persons who is currently the secretary General of the MDZOUH-U-TIV the leading social cultural organization of TIV people‘’

The CLO obviously wants the Federal Executive Council to be involved in the affairs.Its letter was addressed to the chairman of FEC, Aso Rock Villa. The CLO lettersigned by Ibuchukwu Ohabuenyi Ezike made four outstanding requests from the presidency.CLO is calling for a transparent investigation into the matter by a committee that should include CLO,NUJ, Human Rights commission EFCC and the host communities of course .That the committee be given three months  to investigate the scandal .Also CLO requests that the committee be given a mandate by the FEC to review the agreement or content of the whitepaper issued 25 years ago.The CLO is also urging such committee to recommend appropriate sanctions for those who may have defrauded the communities with a view recovering the stolen money from such people.

All eyes will be on the state and federal governments.Will the authorities allow this to become another intractable strife within the nation? Will the  Nyiev -Mbawa Communities get the justice they deserve?Only time will tell

LETTER TO THE TIV NATION

June 8th, 2009.

The President General,

Mdzough-U-Tiv,

The National Secretarial. Gboko.

Benue State.

Your Lordship,

DISPLACEMENT OF NYIEV MBAWA COMMUNITIES OF TIVLAND BY THE FEDERAL GOVERNMENT OF NIGERIA FOR THE BUILDING OF THE UNIVERSITY OF AGRICULTURE, MAKURDI AND HER REFUSAL TO RESETTLE AND PAY COMPENSATION TO THE VICTIMS OF THE DISPLACEMENT

The Civil Liberties Organisation (CLO) is Nigeria’s first, foremost and largest human rights organization whose major mandate is to protect and promote the rights of the citizens both in and outside Nigeria. We are a corporate entity established by law and we carry out our activities in consonance with the laws of the Federal Republic of Nigeria.

The CLO speaks on behalf uf the down-trodden alld we give voice to the voiceless.

For instance, when the Olusegun Obasanjo regime sent soldiers and mobile policemen to Tivland to unleash mayhem Oil the unsuspecting citizens and kill, maim and destroy the wealth of the land, we did not only condemn the lawless act, we documented the heinous erime and cried out to the world on behalf of the Tiv. So, did we do for the Ogonis, the Ijaws and other nationalities of the Delta Region when the FGN declared unprovoked war against them and even now that the military option on tbe people had continued. We also stood behind the Ynruh:1 eluring the pcriud of ethnic cleansing by the military in the aftermath of the allnulll1cnt or the JUlle ] 2, 1993 ekctions WOI1 by Chief MKO Abiola.

We can go on and on to mention other related cases.

ON THE NYIEV-MBAWA COMMUNITES MATTER.

The Nyiev-Mbawa communities are communities in Tivland. In 1984 or thereabout, the Federal Government of Nigeria approached the communities and requested to take their large hectares of land to’ site the University of Agriculture,

Makurdi. The people welcomed the project with all their hearts because they reasoncd that it (project) wou.leI prol11ote developmenl in their area and afford their children to gain university education and trainil,g Not long after, a deal was struck between the two p;)rties and documents relating to the agreement signed by them (the parties). Some of the clauses in the agreement provided for the resettlement of the victims and payment of adequate compensations to them by the Federal government.

Our investigations,  Your Lordship, show that the Federal Government commissioned the then government of Benue state to work out the details of the compensation on its behalf and it did. A total of NI0, 496, 880.57 was recommended as compensation to. the victims by the Benue State  Ministry of Lands & Survey. This sum was further scaled down to N7,500,000.00 during the negotiation between the Federal government and Chief Sam Tsumba &Co who was imposed on the communities as their attorney or counsel by the then Aper Aku government. But the Benue state government ,white paper on the matter. rejected the reduction in the Ministry of Lands & Survey’s recommendation and held that the previous sum of N10,496,880.57 be paid to the communities. The White Paper also recommended that chief Sam Tsuniba pays back monies fraudulently removed from the amount paid to the communities, none of which had becn implemented. According to ‘our findings on the relationship between Tsumba and Nyiev-Mbawa communities, Tsumba was imposed on the Nyiev=Mbawa communities by the government to persuade him to withdraw his ambition for the Senatorial seat as at the time for the government’s preferred candidate, Chief Jack Gyado. Unfortunately, several decades after the agreement was signed and the university erected, the Federal Government could not respect the terms of the agreement. The little sum which was paid to the victims was grossly mismanaged by chief Tsumba and other politicians who used the sum to settle their relations, friends’, political associates,  girl friends and in-laws who were neither victim  nor indigenes of Nyiev Mbawa communities.

Your Lordship, we were startled by this finding. More worrisome to us is the revelation by the University authorities through their reply to the letter to it (the University) by these communities. They claimed in that letter, sir, that they had paid up all their share of the compensation as contained in the Government of Benue State’s 1987 White Paper on the matter to the (Benue) state government since November 11, 1988. Hm.vever,this money had not got 10 the victims till the time of this leller. The CLO suspects huge foul play in thi~ case by some highly placed persons of Tiv origin and government of Benue state, especially chief Tsumb~l who was imposed on the communities to represent them in the matter. We make bold to say that it is unbelievable for the money to go the way it went without his knowledge of it. Enclosed for your perusal and action, sir, are the photocopies of the two documents: the Government of Benue state’s White Paper, 1987 and the Letter from the University of Agriculture, Makurdi claiming that it (the University) had paid its share of the compensation to Benue state governmcnt.

THE PITIABLE STATE OF THE VICTIMS.

As a result of the non resettlement of the victims, Your Lordship, they are now scattered all over Nigeria as refugees with the attendant political, social, cultural and human rights implications. For instance,

the victims are now exposed to hunger, diseases, prostitution by both house wives and under aged girls, rape, cultural disorientation, evil effects of separated families and insecurity of lives and their property etc whereas those who are not victims smiled home with the money paid to the v,ictims as war loots. Your Lordship will recall that the victims constituted the greater part of the Tiv who were massively “wiped out” in Quam≠Pam loc,]] government area of Plateau state and part of southern Nasarawa and Taraba states during the 2.001 crisis in the region.

TilE STATUS OF MDZOUGH-U-TIV.

In our thinking which we think might be right, sir, Mdzough-U-Tiv is the highest socio-cultural organization of the Tiv people ;;kin and equal to the status of Ohanaeze-Ndiigbo, Afenifere, Ijaw National Congress, Ogbakor Ikwerre Convention etc. If our assumption is true, then, we can be permitted to say that your organization ought to be one protecting and promoting the interests of the Ti v people; and may not have been formed for just social reasons or to keep your eyes to the other side of repression against any Tiv group or citizen no matter how lowly plaeed or his or her or their status.

We have enough facts to demonstrate that your organization is fully aware of the case of the Nyiev Mbawa communities. But unfortunately, we may not be able to prove that you have taken any action geared towards achieving justice for them; Apart from the fact that the communities had written Mdzough-U-Tiv on their pathetic situation. a local Newspaper, The Alternative that has wide readership in Benue state. has published a story on this matter in its December 31 edition. See   front page, pages 3 and 4 of the Newspaper.

Regrettably, however, the Mdzough-U-Tiv despite its knowledge of this case, has done nothing to our knowledge, to assist Nyiev Mbawa communities in getting justice in this genuine and just cause. Except the organization was set up to protect certain interests other than the interest of the entire Tiv nation, the CLO has very strong reservations about Mdzough-U-Tiv in view of its lack of disposition to this matter.

OUR REQUEST TO MDZOUGH-U-TIV.

In view of the above, Your Lordship, the CLO requests the Mdzough-U-Tiv to do the following in order to ensure that justice is obtained for the Nyiev Mbawa communities:-

1)       Use its structure to pressure both the Benue state government and University or Agriculture, Makurdi, (or the federal government) to ensure that adequate compensations arc paid to the victim communities.

2)       To ensure that the compensation when paid is justly and fairly shared

     among the genuine victims.              

3)       To pressure the government to ensure tllat all the victims are adequately resettled within the vicinity of Nyiev Mbawa so as not to take them to very far way places where they would suffer both political, cultural, social and economic challenges.

4)       That since the value of the naira has gone down very well judging from the period the Government White Paper was released (in 1987), the compensation will no be longer considered in the region of the value of the Naira as at now but then when Naira and Dollars were almost of the same rate. This point should be made clear at any point this matter is being discussed or re-negotiated so that the issue’ be not missed, and

. lastly.

5)       That chief’. Tsumba be suspended rrom the social cultural organization in order to pave way for unbiased investigation of the heavy allegations made agaillst his person, and he be finally sanctioned if found guilty of’ these allegations and made to refund any amount embezzled by him.

Thanking Your Lordship for anticipated prompt just treatment of this case.

THE NYIEV-MBAWA CASE

BY TOR GOWON YARO

The Nyiev-Mbawa are two sub-clan in the Isherev larger clan group. They are situated north of River Benue. The Nyiev-Mbawa clans are predominantly farmers who combine a host of subsidiary occupations like fishing, livestock keeping, weaving “and a host of others. They are peace-loving and very accommodating to especially visitors. They are particularly the most backward in terms of their accessibility to government.

About 25 years ago, the ancestral lands of these people were marked out for what today is the University of Agricu1ture, Makurdi. The news was welcomed as good development as the Federal Government presence (project) was virtually absent in the area. There was high expectations that the presence of federal institution would create an enabling environment for the growth and development of the immediate host communities and the Benue community at large, as the university would serve as a vehicle of transforming the predominantly primitive farming population into a modem one which will create employment opportunities and help in the reduction of unemployment, poverty and conflicts with the TIV and their neighbours in North Central Nigeria.

The Federal Government therefore engaged the Benue State Ministry of land and Survey Which recommended the sum of N10, 496,880.57 as adequate compensation for the host communities who would be displaced by the University. This was later scaled down to N7, 500,000.00 as negotiated between representatives of the University and their imposed Attorney Sam Tsumba and Company without the consent of the two communities.

The decision to use Sam Tsumba as 1he Attorney of the host communities was however, not to the best interest of the host communities   Secondly, the government of the day  at that time preferred Sam Tsumba for its political machination i.e. to persuade Sam Tsumba to withdraw from the Senatorial race against Jack Gyado of the then National Party Nigeria (NPN). The imposition Sam Tsumba on the host communities was met with fierce resistance but the will of the then Aper Aku led NPN government prevailed against the best wishes of the people.

In the course of the payment of the compensations, Sam Tsumba behaved irresponsibly. The members of the host communities, in most cases were underpaid and not paid at an under the cover of ommitted persons, in-Iaws, political associates, personal friends, mistresses, prostitutes who were not members of our communities benefited. The compensation exercises were turned into a bazaar where monies were shared like looted war booty to the detriment of the our communities who were supposed to be beneficiaries, it is therefore no wonder that as soon as the compensation exercise was over the Nyiev -Mbawa communities began to complain and protest these flood of complaints led the Benue State Government to form a commission of inquiry in 1987 to pry into the matter the commission came out with recommendations key among were:

(1) The University authorities and the Benue State Government were asked to be alive to their responsibilities, by providing a site for the resettlement of the displaced villagers. Including the provision of social amenities and infrastructures in the resettlement areas.

(2) Sam Tsumba and Company and the University authority were also to refund various sums of monies to our communities.

(3)Sam Tsumba was indicted for defrauding the Federal Government and our communities and was not only to refund the monies he defrauded but was also to be prosecuted. Government accepted these recommendations and issued a white paper on the matter.

Since the release of the’ government white paper, nothing has so far been said on the matter. This could be informed partly by the docility of the people, partly illiteracy and partly by the fact that those who should have responded were conspirators and the cronies of Sam Tsumba who mortgaged the future of their people such as Hon. Peter Tyo and his cousin Mr. Steven Andzenge, the late Hon. Orjime and Hon. Athanasius lorshase Angereke.

However, in 1991, there was a good opportunity for Clement Beetse, Ex-chairman of Makurdi Local Government, but misused the opportunity for reasons best known to him. He is not alone, there is also Hon. Pius Nyam Chagu also a former chairman of Makurdi Local Government who is also another onlooker from the community. The community only becomes relevant when he needs votes to satisfy his political ambition. Another prominent elite from the same community is Chief Thomas Anoh a respected elder and a retired civil servant. In our earlier days of consultation he was one elder who had promised to do his best by way of mobilizing the community but to our shock and dismay we later gathered that he was rather going round and mobilizing the community against our effort. This in a nutshell establishes the suspicion that he may be part of the conspiracy that took over our land fraudulently by Sam Tsumba and Company or one of those who have turn our plight to an enterprise for personal benefit and daily survival. Unfortunately he was mistaken, as our strategies are too sophisticated beyond his intrigues and has out lived his failed generation.

On the other hand, the plight of the community has become a tool and an enterprise for use by dupes, politicians etc. This same enterprise and tool was employed by Hon. Cletus Upaa the former member of the Federal House of Representatives Abuja during his campaign to emerge victorious at the elections. He found his way to the House of Representatives  and abandoned the Nyiev-Mbawa

The sad part of the story is Mr. Avine Agbom, an ex-soldier, local politician self imposed community leader within the Nyiev/Mbawa immediate communities. A smart, courageous and braggart who was introduced to this cause by Orhena Ajoh an elder from Ucha, Nyiev. Our experiences with him within a short time proved to us that he survives largely on the ignorance, docility and illiteracy of his immediate community.

Secondly, he was one of the cronies and member of the illegal organization called contact group created by Sam Tsumba and company to defraud our people and he was used mischievously by Sam Tsumba to fool our elders namely: Ityohemba Iba, Makondo Ityodugh and others into signing legal agreements wrongly with Sam Tsumba and company against the good interest of the community.

Thirdly, Mr. Avine Agbom represented the Nyiev/Mbawa cmmunities on  the University host community relations committee. He cannot point at a single bore-hole he influenced for his community to eradicate malaria ‘and other related diseases in our community but simply turned the University for a Local Government Secretariat for sharing money. Fourthly, Mr. Avine Agbom was in North Bank Area of Makurdi not in heaven, when bulldozers entered villages of Nyiev-Mbawa and violated their rights by forcefully vacating them from their ancestral land without a proper payment and Mr. Avine Agbom saw no reason of challenging this action in a competent court of law on behalf of his beloved kinsmen.

Finally, Mr. Avine Agbom needs to explain his role durng the compensation. As these explanations will enable our communities relate with him better. There are so many of these characters whom we can not mention all for lack of space and time.

The situation on the ground today is that the Univ rsity authorities have failed to resettle the villages; there has been no infrastructural development in the area and complete absence of social amenities . The nearest hospital to the host communities till today remains North Bank General Hospital and the Government Health Center at Agan. While at the same time the University authority has not posted one notice bill on sensitive issues like HIV AIDS which should have been a primary focus of the University. A walk around the acquired land has shown the dilapidated structure of an abandoned primary school, which looks like a ghost village. Since the displaced villages left the place, there is no school close to the vicinity for their children. Some of the displaced villagers without land for farming have fallen back on the University land to eke for a living. This shows how desperate the villagers are now.

In Federal Government establishments such as the University junior cadre especially Hattis 1- 6 which should come from the host communities is virtually absent. Most of the communities men till date are still engaged as casual staff.

The Federal Government of General Babangida established the University of Agriculture fully realizing that Benue State is the Food Basket of the Nation. It is noteworthy to observe that since the establishment of the University, the University has not made any impact on the people around her Le. the host communities. There has been no farmers’ education programme, no outfield post. In fact, the University has not influenced the host community in any way except amassing vast portions of land, forcefully displacing the host communities.

It is in this light that the University authorities have failed in their corporate responsibility and as such deepening the poverty situation among the host communities causing forced migration to other places.

This could threaten the national security of the country as the forced migrants would increase the massive pressure on land elsewhere .

Yaro is the chairman, Nyiev-Mbawa Displaced Community