Family Land Sharing And Ancestral Lands, Land Bonds Among Other Matters

Family Land Sharing And Ancestral Lands, Land Bonds Among Other Matters

By Collins OkoloChukwu Obodo, Deputy Corps Commander Rtd

THE PECULIAR NATURE OF LAND

Land is a sacred divine creation and is highly spiritual in nature, hence our ancestors treated it with great caution, respect, awe and fear. Our forefathers upheld the sanctity of what was known as “Nso-ani.” A person generally known for his flagrant violations of established sacred norms or the laws of the land (Nso-ani) was then called “Onye uru-ani.” or “Onye mkparu ani.” In keeping to the beliefs, our forefathers kept living an upright life, keeping their hands clean and fearing not to soil their hands. All over the world many people had and more may still die in the mad rush and desperate struggles to acquire lands. Yet when people die they are buried in the same land. We should know that land has been there and will continue to be there after we die. People often brag so much about being the Landlords, whereas it is God who owns the land that should be called the Landlord. What we own are the houses built on the lands not the lands, hence we should be satisfied to be called the House Owners. How can you be the Lord of what you did not create and cannot control its existence?

DUTIES OF A FATHER TO HIS CHILDREN CONCERNING LANDS

What fathers should do is to tell their children the truth about their family lands, boundaries, those that share boundaries with them and the conditions attached to such lands. If he lived on another person’s ancestral land he should let the children know the real owners of the land. There were cases where children ignorantly engaged in war with the rightful owners of the land after their father had died. The father should also let his children know the terms of tenancy, occupancy or lease agreements reached between him or his late father with the owners of such lands, as well as sacrifices made. Sometimes such bonds may include:

(1) Not to erect block houses on the land
(2) Not to raise to Storey building.
(3) Must renew the tenancy every … years intervals.
(4) Not to bring other relations to join him without approval
(5) Not to sublet whole or part of the land,
(6) Must not bury their dead on the land, etc.

Nowadays children leave parents in the village very early for cities. A boy may have never farmed, let alone followed his father to his farmlands. Before he got an opportunity to use the land, his father may have joined his ancestors. Yes he may have gotten some useful information from the neighbours, but he still needs to consult those who share boundaries with his late father, else he may alter the ancient boundaries or landmarks unknowingly. The Holy Bible Proverbs 22: 28 warns: “Do not move the ancient boundary stone set up by your ancestors.” “Do not move the ancient landmarks that your fathers have set.” It is deadly to rush to swear an oath on land boundaries you are not quite sure about.

DO NOT DISCARD ANCIENT LAND AGREEMENTS

Even in our community today there are people living on the lands belonging to other Kindreds or Wards. Some were negotiated long ago before you were born between your forefathers and theirs. Reasons people left their own kindred lands and settled on another person’s land differed:

1. When attacked regularly and there was a feeling of insecurity, the victim would run to neighbors for protection .
2. When faced with hatred, persecution, injustice, threats to life from one’s own people, he would run to a safe place and take refuge there.
3. When a Maiden or Nwada, who was married to another land lost her husband and she began to have threats, persecution or denials, she and her kids would take refuge in her father’s home. The kids are protected by their Maternal family, Ndi Ikwunne, untill they grow up enough and wanted to go home.
4. Children who experienced tragic deaths of their parents in early childhood could be granted custody by their kindhearted neighbours away from home.
5. Those rejected or tagged unclean by their own people could settle with those who welcomed them.

When you grow up and you discover that some people from other Kindreds or Wards live or farm on your father’s land, do not be in a hurry to ask them to quit the land. Your father may not have told you all the conditions, bond or agreement he or his own father had entered into with the settlers. You should not overnight begin to dismantle such ancient covenants reached between them and your forefathers. As a young man, you boast you can settle off the occupants? Sometimes money may not be enough to settle such ancient ancestral agreements. On the other hand, when the ancient agreement restricted your father to building only low mud thatch houses, you want to change the trend today because you have made money? You should rather beg for a fresh negotiation with the surviving owners of the land you occupy, if you intend to build block house or Storey building there. The ugly consequences of using force, deceit or lies on ancient lands could be unimaginable.

FAMILY ELDER AND THE TASK OF HANDLING FAMILY ISSUES INCLUDING FAMILY LANDS (ANI UMUNNA)

You are the Eldest Surviving Son in your family group. You should tighten your belt to ensure that your father’s Nkolo must not close. People may like to cause chaos in the family, but you should not allow the Candle die in your hands. Have you ever remembered the saying that, “The fire placed in the palm of a child will not burn him to death?” Always insist that the right thing is done. Make sure everyone in the family is given a fair share in the family, particularly the lands. On the other hand, everybody in the family must respect and consult with the Elder before tampering with important family issues and Ani Umunna. Do not be foolish to grab Ani Umunna on assumption that there is no father in the family. There is always a father in every family group at any point in time, however young the person may be. Due to early deaths, Elders in some families today are as young as 50 – 60 years old. His young age notwithstanding, the family Elder must be accorded the maximum respect he deserves by his people.

BREACH OF FAMILY PROTOCOL AND REASONS

You may want to know why some youths today breach the family Seniority Protocol which hitherto was held sacrosanct by our forefathers:

1. They undermine the Eldest Son of the family due to their unreasonable youthful exuberance, lack of humility, lack of respect for the aged and disregard for traditional values.
2. They may be intoxicated by their money, ego, pride and sheer ignorance.
2. They may feel they have more powers, education, or connections than others in their family group.
3. They also panicked so much about availablity of lands to go round the members of the family group
4. They feel that those who knew about their late father’s lands were dead or were inaccessible
5. They feel that others in the family group could easily be intimidated, coarsed or silenced.

NATURE AND IMPLICATIONS OF ANCESTRAL LAND BONDS

The nature of bonds between parties involved in Ancient lands could be so grave that one should not discard them in a hurry, because,
1. Such bond or covenant between the parties might have been sealed with the oath of blood covenant.
2. The parties might have done the swearing in a shrine.
3. Payment for the land might have involved forfeiture or exchange of human being.
4. Or exchange with the ancient money, the value of which cannot be estimated in our money today.
5. Or involved an exchange with another piece of land elsewhere.
6. The land might have been used as a collateral for loans.

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OUR FOREFATHERS WERE THEIR BROTHERS KEEPERS

When I visited home in January this year I asked someone why the frontage of a particular building was not cleared to give the house a facelift? I was told that the little bushy piece of land in front of the house belonged to someone in another Kindred or Ward. The piece of land in question was too little to be of any use to the owner. Yet, rather than give it up and receive thanks from the house owner, he left the shrubs and made sure the house owner would not touch clear it, thus using it to lock in or block the builder.

For me, I saw nothing new or strange in such inter Kindreds lands that coexist in parts of the community. As a matter of fact I have seen such elsewhere even in our close neighbouring communities. The only difference is that unlike our own people with bitterness and acrimony, those neighbouring communities tolerate themselves and do not use lands to inhibit other people’s happiness and progress. Existence of the inter Kindreds or Wards lands and random the cohabitation show us how our forefathers loved and also accommodated one another without discriminations and rancour. They had greater spirit of tolerance and brotherhood than most of us today.

FAMILY LAND SHARING (BY TRADITION)

In a monogamous family sharing of family lands is among the male siblings, based on the seniority of their births. In a Polygamous family, sharing of the family lands is among the male sons of the father based on their seniority by births, irrespective of their differences in mothers. In a Polygamous family, when a father dies, the seniority position and responsibilities shift to the Eldest Son of the deceased, irrespective of the seniority of their mothers. Even if that Eldest Son of the deceased was born by his youngest wife, the mantle of family Headship still falls on him by tradition. Even though this has nothing to do in family lands sharing, the seniority among a man’s wives is determined by the order of settlement of their formal marriages rites.
Please take note that sharing of a deceased properties including lands, may be subject to the Written Wills of the deceased if any.

On the death of his father, the Eldest Son shall occupy his late father’s Nkolo (Obi or Ebete) and he assumes direct authority over his late father’s family issues including marriage of his female siblings. On the other hand, the last male child among the siblings may inherit his Mother’s Kitchen, that is the house where she cooks (Unokwu or Usekwu) and her other personal items. Where there is a Written Wills by the deceased the traditional protocols of inheritance may be set aside

(a) As the family expands, the grand children will join in the family lands sharing. However, the Direct Sons shall receive their own shares before the Grandchildren.

(b) Using another sharing approach, lands may be shared amongst the late fathers Direct Sons only. In their turn, each Direct Son would share his own allocation amongst his own sons. In this way, the Direct Sons even though dead, shall have a share, provided that he has a son.
Whichever approach is adopted should be able to ensure peace, equity and justice amongst the family group.

However, where a father has no male child, the rights of sharing in the family lands may have been lost. However, a male child born by an unmarried daughter of the man in his name, the so called Bastard, may have a right of share. I know of one lady in our neighbouring community who willingly opted to stay behind in her father’s house and bear children for him. However, if a man dies without having a child, even outside marriage, his right of share in the family lands may be lost. However, if a wife was legally married for him and in his name, even after his death, a son born by such a legally married wife may have a right of share. Examples abound.

All the above are in agreement with Section 42 (2) of Nigerian Constitution which prohibits discrimination against any citizen based on circumstances of birth, thus giving all children equal rights, irrespective of their legitimacy.

ONUZULIKE
01/03/2025

Note that I gladly welcome corrections or inputs to my writeups.

Family Land Sharing And Ancestral Lands, Land Bonds Among Other Matters