GENERAL INTRODUCTION.

Land ownership is often the primary course of dispute, given that the survival of man depends on land. The struggle for land ownership involves all wrong in the society. Before the annexation of Cameroon in 1884, land was managed in the country following the native laws and customs under the leadership of village chiefs. Official regulations governing lands started with the annexation of the country. This system was introduced by the Germans that annexed Cameroon on the 12 of July1884.  It was therefore hardly surprising those socio-ethnic disputes are common due to people’s dependence on land ownership and land use. Land ownership in Baba 1 prior to colonial rule was vested in the fon’s control. Before having access to Land in Baba 1, such approval could only be given by the Fon who was the custodian of the land in the fondom. It should be mention that land was not sold because it was considered as a gift of nature and there was the need to have an authority that ensured its equitable distribution.

The establishment of the German and the British colonial administrations in Cameroon did not remove the tutelage power reserved for the fon of Baba 1 with respect to land ownership. When the British took over the administration of Cameroon after World War 1 of 1914-1916 as a result of the ousting of the Germans, they instituted the policy of indirect Rule[1]. This empowered traditional institutions to continue to administer their indigenous people, and their lands under the supervision of the British colonial government.

The British also studied the German land registration system and later decided to apply the land laws of the south province of Nigeria. The Land and Natives Rights Ordinance recognized and safe guarded land occupation in accordance with Native laws and customs.[2] Therefore, the rights to resolve or manage dispute overland and in other domains remained in the hands of the traditional council under the auspices of the fon as stipulated in the Land registration Ordinance passed in 1924. The ordinance became operational in Nigeria and Cameroon on 1st January 1924. Accordingly, conflicts within the purview of the Baba 1 fondom were managed by the traditional institutions under the coordination of the fon of Baba 1.

The tutelage power of the fon of Baba 1 on land matters in Baba 1 land went right up to the immediate post-colonial period. The fertility and suitability of the land in Baba 1 for agriculture and settlement attracted non-indigenous people like the Mbororos, Nigerians and others within and without Bamenda during the period from 1922 to 1974. Land was therefore needed for diverse uses as a result of an increase in population. This made land in Baba 1, like elsewhere, to be considered as an important and indispensable natural resource. This aspect therefore orchestrated land use dispute resulting in farmer-grazier conflicts, opposing ownership claim and boundary dispute in the study area.

After independence, the legal instruments put in place by the British and the French continued to be applied until July 1974 when new land reforms were put in place. The 1974 land ordinance established rules governing land tenure in Cameroon, expropriation procedures of the land for public purpose and the term of compensation[3]. These laws which were passed by President Ahmadou Ahidjo change the actors involved in the management of land. The laws stripped the customary legal system of any significant part to play in the legal control and administration of land.[4]

Conceptual Framework.

Dispute is one of the aspects that characterized human relations. We hardly find any society without element of dispute either within humans or amongst them. Land dispute was one of such dispute that hardly escaped any given society based on its value to man. It often manifestation itself within humans or among them. Human always requested their rights from fellow men while others were deprived of such rights probably to amass wealth. It is against this backdrop that conflict specifically, land dispute has become a complex issue to manage or resolve. That is why different definitions or perspectives emerged with respect to the concept of dispute as well as dispute management Thus, resulting in several definition about disputes.

According to Jacob Bercovich and Judith Fretter, dispute was define as a process of interaction between two or more parties that seek to injure or destroy their opponent because they perceive, the have incompatible interest or goal.[5]One may seem to agree with Bercovich and Fretters’ view in that dispute often occurs as a result of clash of interest and this situation could be visible in the examining causes of land dispute in Baba 1 fondom.

Francis Deng and Zartman content that conflict is an inevitable aspect of human’s interaction, an unavoidable concomitant of choices.[6] This explains why the indigenes of Baba 1 despite their common ethnic allegiance was in to conflict over land of such was not a natural instinct of man. While to Dze ngwa, conflict can be define into two words “Clashing views”.[7]Parties do not sit and nurse aggression against others but simple try to protect their own interests which automatically clashes with that of others. This could explain why the different interests in the used of land often result in clash as was the case in Baba 1.

Statement of the Problem.              

As one of the factors of production, land has remained definitely indispensable to a man and therefore requires strategies for it management. In Baba1 from the pre-colonial through the immediate post-colonial period, the Fon and other traditional councils were charge with the responsibility to manage land affairs based in compliance with the traditional land tenure system. Prior to the 1974 land laws, therefore, Baba1 traditional institutions, especially the Fon and other members of the mo-oh papiak were conferred powers to manage land matters. It was therefore their responsibility to adjudicate various land disputes: boundary dispute, opposing ownership claims and land use differences. This centrality of traditional council in land governmence persisted in spite of the successive German and British administration of Baba1. During the immediate post-independence era, the modern Cameroon state did very little reform this land administration mechanism until the passing of the 1974 land laws. In an unprecedented manner, the land reforms brought about changing mechanism in handling land matters in Cameroon in general and in Baba 1 in particular. It was from 1974 that traditional councils began losing the powers they had long exercised over the management of land dispute.

In light of the above scenario, this study revolves around the dynamics of the role of traditional council in the management of land dispute in Baba1. The study attempts to address the following research puzzle: what were the evolutionary dynamic and implementations of the participation of traditional councils in land dispute management in Baba1? In this perspective, the study argues that from the inception of the Baba1 polity, traditional land administration   councils played a crucial role in managing land dispute until 1974 when the Government of Cameroon introduce land reforms.

Objectives of the Study.

The objective of this study is to examine the evolutionary dynamics and implications of the participation of traditional council in land dispute management in Baba 1. To better attain this objective, the following specific objectives were set:

> To discuss Baba 1 traditional council, showing their connection with land administration and land dispute management;

> To examine the causes and type of land conflicts in Baba 1.

>To examine the nature of participation of traditional council in the management of land dispute in Baba 1. In doing this, attention will be given to boundary disputes, land ownership dispute and dispute resulting from land use and finally…

> To discuss the implications and challenges of land Dispute management in the area by traditional institutions.

Significant of the study.

The study valorizes the traditional councils and exposes their role in the management of land dispute in Baba 1 thus, enhancing a universal value comprising of peace and peaceful cohabitation within the Baba 1 society. Secondly, through the study, better avenues for the resolution of land conflicts were explored, thereby promoting development and prosperity. Thirdly, the study has contributed to the existing stock of knowledge on land dispute management as a whole and in Baba 1 in particular. Apart from this, the study also serves as a source of information for future researchers who are interested in the field of conflicts and the role of traditional council in land dispute management.

Scope of the study.

The study was limited within the purview of Baba 1 fondom a village in Babessi sub-division, Ngoketunjia Division in the North West Region of Cameroon. Dispute specifically land dispute have been the major impediment to development in Baba 1. The management of land conflicts within the area was not solely the responsibility of colonial or civil administration. This explains why the author took interest in researching on the role played by mo-oh papiak as a traditional council in Baba 1 to the management of land dispute within Baba 1. The starting date 1922 was historically justified by the fact that it was when the British instituted the policy of Indirect Rule in Cameroon giving the power of local administration to indigenous traditional authorities with Baba 1 include[8]. This policy empowered the traditional land administration institutions to better manage land matters, which is the interest of this work. The terminal date 1974 historically denotes the year that president Ahmadou Ahidjo passed the Land Ordinance which stripped the customary legal system of it powers over the administration of land. The laws there restricted the powers of the traditional institutions over land matters, because any unoccupied land came under the control of the government of Comeroon. From perspective of focus, the study gives attention to the dynamics and implications of the role of traditional councils in the management of land Dispute in Baba 1.

[1] V.G Fanso, Cameroon History for secondary schools and colleges, Vol.2, The colonial and Post-colonial Periods (London: Macmillan Press,198),84.

[2] D. Sali etc al “legal Frame Work”, 14

[3]  D. Sali et al, ” Legal Frame Work”, 14.

[4] Ibid.

[5]  Jacob Bercovich and Judith Fretter, Regional Guide to International conflict and Management from 1945 to 2003 ( Washington: Compress,2004),4.

[6] Francis M. Deng and J.W. Zartman, Eds. Conflict Resolutions in Africa (Washington D.C: Brooking institutions,1991), 229.

[7] Atem George,” conflict and Conflict and Conflict Resolution in the Bangwa Land Area: From Pre-Colonial period to 2007(M.A Dissertation. University of Yaounde el;2014).5.

[8]  Victors Julius Ngoh. History of Cameroon since 1884(Limbe: Presprint,2002). 168.