The Colonial and Post-colonial Judicial Positions on Land Boundary Matters in Yorubaland (1946-2006): A Retrospective Explanation

References

[1] Dolapo Z. Olupayimo, “Impact Analysis of Land Boundary Dispute Cases Emanating from Attenuated Consanguinity in Colonial Yorubaland” in African Educational Research Journal Vol. (3)2, pp.111-116, April 2015. See also Olupayimo Dolapo Z. “Legal Practitioners and Intercommunity Boundary in Colonial Southwestern Nigeria: A Perspective Analysis, Sumerianz Journal of Social Sciences. Vol.3 Issue 2, 2020.

[2] Omolade Adejuyigbe, Boundary Problems in Western Nigeria: A Geographical Analysis, (Ile-Ife: University of Ife Press, 1975) pp.12-15.

[3] Dolapo Z. Olupayimo, “Impact Analysis of Land Boundary Dispute Cases Emanating from Attenuated Consanguinity in Colonial Yorubaland” in African Educational Research Journal Vol. (3)2…

[4] T. A. Imobighe, “Theories and Functions of Boundaries” in B. M. Barkindo, (ed.) Management of Nigeria’s Internal Boundary Questions. (Ikeja: National Boundary Commissions, 1993) p.13

[5] A. I. Asiwaju, “Artificial Boundaries” Inaugural Lecture Series (Lagos: University of Lagos, 12th December, 1984) p19

[6] I. A. Adalemo, “The Concept of Boundary in Geography” in R.T. Akinyele, (ed.) Academic Disciplines and Border Studies, (Lagos: University of Lagos Press, 2007) p. 15

[7] A. I. Asiwaju, “Artificial Boundaries” Inaugural Lecture Series… p19

[8] Ibid. p.23

[9] A comment of I.A. Adalemo, on Asiwaju’s Inaugural Lecture in “The Concept of Boundary in Geography” in R. T. Akinyele, (ed.) Academic Disciplines… p. 15

[10] Ibid. p.15

[11] Ibid. p.15

[12] Ibid. p.15

[13] The idea of land administration in this work operationally refers to the totality of the regime governing land control one of which is land tenure system. See a similar view in C. K. Meek, Land Tenure and Land Administration in Nigeria and The Cameroons (London: HMSC: Colonial Research Studies No. 22, 1957) Published Online July, 2009 Accessed on 21/03/11)

[14] Omolade Adejuyigbe, Boundary Problems in Western Nigeria: A Geographical Analysis… p.43

[15] J. S. Eades, The Yoruba Today, (Cambridge: Cambridge University Press, 1980) Chapter Three (Published Online, 2009, Accessed on 13/05/2011)

[16] Ibid. p.62

[17] R. T. Akinyele, “Contesting for Space in an Urban Centre: The Omo Onile Syndrome in Lagos in Francisca Locatelli and Paul Nugent (eds.) African Cities p. 112

[18] D.Z. Olupayimo

[19] NAI Oyo Prof. File 2/2 1946 Decision in the Governor’s Court in respect of Gbayo and other Ibadan Farmers farming beyond the boundaries of Ibadan.

[20] NAI The Report of Birrel Gray Commission Set up for Inter-Provincial Boundaries between Ibadan and Ijebu 1926

[21] Ibid p.14

[22] Ibid. p.12

[23] NAI Ije Prof File 1/1 32 Court Records Vol. I The Judgment Endorsed By the Resident Ijebu Province .1928

[24] NAI. Petition by Ibadan Farmers Led by George Gbayo Addressed to The Resident in Respect of the Ibadan Farmers on Ijebu Land, 1932

[25] NAI Oyo Prof. File 2/2 Report of the Acting Resident Ibadan to the Secretary Southern Provinces 1934.

[26] Ibid.(Motosho/Motesho was a member of Aperin Family, from Ibadan, See Toyin Falola, “Neighbours At War: Conflict Over Boundaries in Colonial Nigeria” in Journal of Historical Society of Nigeria Vol 19, 2010. p.13)

[27] Ibid.

[28] Awujale Adenuga belongs to the generation of Ijebu people who believed that Ibadan was founded on part of their land. See Olutunde Oduwobi, The Career of Akarigbo Oyebanjo and Awujale Adenuga www.cairn.info/load_pdf.php (Retieved on 26th October, 2011)

[29] The disposition of Awujale Alli Ogunnaike was slightly different this was obvious even from his judgment in this case. See the Description of Awujale Alli Ogunnaike in E. A. Ayandele “The Changing Positions of the Awujales on Ijebu in Michael Crowder and Obaro Ikime (eds.) West African Chiefs ( Ile-Ife: University of Ife Press, 1970) p. 251

[30] J. S. Eades, The Yoruba Today… p. 87

[31] Ibid. p. 87

[32] Western Nigeria, Court Manual: Incorporating Customary Law… p.16

[33] NAI. Oyo Prof. File 1/1 Judgment Delivered by Mr. E.J.G. Kelly in Ago-Owu versus Apomu and Ikire Boundary Dispute Case, 1939.

[34] Ibid.

[35] Ibid. p.7

[36] T.A. Adewumi v. Chief Omotosho Ojade Suit No. AK/27/63 Taken in High Court ado-Ekiti 24th June 1970.

[37] Ibid.

[38] NAI Oyo Prof. File 2/2 Ada versus Agba Inter-community Boundary Dispute

[39] Ibid

[40] Ishola Olomola, ‘Pre-colonial Pattern of Interstate Relations in Eastern Yorubaland’ (Ile-Ife: University of Ife, 1987) p.23

[41] S.I. Fabarebo, “Western Civilization and its Eroding Effects on Traditional Behavioural Disposition in Nigeria” in Adegboyega Ajayi and Idowu Fabarebo (eds.) Western Civilization in Africa: The Gains and Pains (Ibadan: Alafas Nigerian Company, 2011) pp.51-79

[42] NAI. Ije Prof. File J1726 Ijebu Ibadan Boundary Shenaike v. Gbayo Suit No. 17/28

[43] Ibid.

[44] NAI Oyo Prof. File 2/28576/55 Resident Oyo Minute to District Officer The Salako land Case Okuku v. Iba boundary Disputes Matters Affecting.

[45] NAI Oyo Prof File 443/56 Senior Resident Oyo to the District Officer, Ibadan Memo Reference 1875/97 Ikirun versus Oba boundary Dispute Matters Affecting.

[46] The weight of this argument was obvious all through the Thesis of Dolapo Z. Olupayimo submitted to the Department of History, Obafemi Awolowo University, 2012.

[47] Omolade Adejuyigbe, Boundary Problems in Western Nigeria…p. 51

[48] J. S. Eades, The Yoruba Today…p 57

[49] Ile Orisa - This means the land allocated to the Community god or goddess. The generally accepted god/goddess of the community was given the land. For example where they worship Oro they had Igbo Oro; where they worship, Egungun- they had Igbo Igbale. (This was corroborated by Oral Interview with Prince Segun Abidoye, 72 Years Old)

[50] Ile Oba - This refer to the royal land meant for the Oba in Yorubaland. In most town this consist of the area on which the palace was situated.

[51] Ile Oye - Land assigned to a particular chieftaincy order by heredity. Each of the high chiefs had land allocated to their offices

[52] Ile Oja - This simply means the market land. It is traditionally dedicated to the god of commerce Aje, it was usually around the palaces. Many other town or village communal activities were done in the market square.

[53] Suit NoW/40/1039 Supreme Court Benin.Adesida Deji of Akure v. Adegbule, the Owa of Idanre Judgment delivered on 30th January, 1943.

[54] Ibid.

[55] Ibid.

[56] NAI, File LR/19 Idanre Protest Letter to Provincial Surveyor, dated 13th April, 1951

[57] NAI File LR /19 Idanre Community on the Akure /Idanre Disputed Area to the Ministry of Local Government, Western Region, 1955. p.2

[58] Western Region, Western Nigerian Gazette , Notice 464 of 6th April, 1961

[59] (1964) NMLR John Apoesho, Ayeni Togun v. Chief Awodiya (Odole of Ilesha)

[60] Ibid. p.6

[61] Ibid p.4

[62] Ibid p.6

[63] Ibid p.6

[64] Ibid p.6

[65] O kun ‘mo losun kun ‘mo lataan excerpt from the Olubuse family cognomen which means ‘He who was capable of applying pepper on his subject the same way face powder was applied’

[66] Alase Ekeji Orisa is a Yoruba word which means the custodian of authority, second only to the gods.

[67] Samuel Adenle (The Ataoja of Osogbo) v. Michael Oyegbade and Lawani Sabilesu, 1964 NMLR Dec. 1964

[68] Ibid.

[69] T. O. Elias, Nigerian Land Law, (London: Sweet & Maxwell, Fourth Edition, 1971) p.83

[70] Ayoola v. Ogunjinmi, cited by T. O. Elias, Nigerian Land Law, (London: Sweet & Maxwell, Fourth Edition, 1971) p.83

[71] (1963) IV NLR. 28 Adewoyin and ors. v. Adeyeye, cited by T. O. Elias, Nigerian Land Law, (London: Sweet & Maxwell, Fourth Edition, 1971) p.84

[72] Ibid p.84

[73] R.W. James, Modern Land Law of Nigeria (Ile-Ife: University of Ife Press, 1973) pp. 8-9 &15-18

[74] R.W. James, Nigerian Land Use Act: Policy and Principles (Ile-Ife: University of Ife Press, 1987) p.94

[75] Ibid p.94

[76] Ibid p.95

[77] Oral Interview with Oluyin of Iyin Ekiti Oba John Ademola Ajakaiye 70+ on 28th September, 2011 at the Oluyin Palace Office. His view was also corroborated by R.W. James in Legal Personality in Traditional Law (Ile- Ife: University of Ife Press, 1978)

[78] Ibid

[79] Babatunde Agiri, “Gege bi A Tii ni Ile ni Ekun Egba Owode” in Oludare Olajubu (ed.) Iwe Asa Ibile Yoruba (Lagos: Longman) p.119

[80] Ibid .p 114

[81] Ajayi (Substituted for Salu) the Balogun of Ijanna v. Aina, (the Oba of Ibese). (Unreported case)

[82] Ajayi (Substituted for Salu) the Balogun of Ijanna v. Aina, (the Oba of Ibese). (Unreported)

[83] NAI Ije. Prof. File Record of Native Court of Ilaro in Ilaro Division of Abeokuta Province.

[84] Daily Service Vol. VIII No. 60 (Lagos: Tuesday September, 12 1950.)

[85] Daily Service “Boundary Dispute between Remo and Ikorodu is Subject of Mass Meeting: Oba and Chiefs of both Territories go into History” Vol. VIII No. 928 (Lagos: Wednesday April 7, 1948.)

[86] The creation of Remo Division and Ikorodu District as reported by Daily Service “Boundary Dispute Between Remo and Ikorodu is Subject of Mass Meeting: Oba and Chiefs of both Territories go into History” Vol. VIII No. 928 (Lagos: Wednesday April 7, 1948.) p.3

[87] NAI Ije Prof. File 3/4 Akarigbo of Ije Remo to the Resident 23rd March, 1946.

[88] NAI Ije Prof. File 2/3 The Ayangburen of Ikorodu Petition in Respect of Boundary Location with Remo to the District Officer April, 1947

[89] Daily Service “Boundary Dispute between Remo and Ikorodu is Subject of Mass Meeting: Oba and Chiefs of both Territories go into History” Vol. VIII No. 928 (Lagos: Wednesday April 7, 1948.)

[90] Ibid.

@article{1713051,
      author = {Dolapo Z. Olupayimo},
      title = {The Colonial and Post-colonial Judicial Positions on Land Boundary Matters in Yorubaland (1946-2006): A Retrospective Explanation},
      journal = {Iconic Research And Engineering Journals},
      year = {2025},
      volume = {9},
      number = {6},
      pages = {1660-1670},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/1713051.pdf},
      abstract = {The imposition of colonialism in Yorubaland impacted greatly so many areas of life of the people. One crucial area which is the focus of the present author is land boundary matters which attracted litigation both during the colonial and post-colonial era. Each time a decision was made in land boundary case, a number of existing social institutions are redefined. The present effort is an attempt to look at the institution of land holding a manifold system which include: land tenure system, land allocation and distribution as well as land utilization amongst others. The paper focuses on a few of the things redefined in purposively selected land boundary cases which attracted litigation. The study, using these cases examines the impact of the entire gamut of the institution of land holding bringing to fore the impact of colonial and post-colonial judicial decisions in those cases on the communities and the institutions so affected. The study adopts qualitative methods of data gathering and analysis. Data used were drawn from both primary and secondary sources. Primary data include archival documents deposited at the National Archives, Ibadan and a few private repertoire. Oral interviews were also conducted with resource persons drawn from legal luminaries and jurists directly involved in land boundary matters. Secondary data were also drawn from published articles in books and journals. Findings revealed that colonial and post-colonial judicial positions left a lot of indelible impact on land boundary matters and affiliated institutions across Yorubaland in the period of study. The author here concludes that land boundary dispute has therefore remained trans-generational due majorly to the approach of the Courts in their various interventions.},
      keywords = {Land Boundary, Post-colonial, Social institution, Retrospective Explanation},
      month = {December},
      doi = {https://doi.org/10.64388/IREV9I6-1713051}
  }