Alagada and Oke-paa are communities located in Ogun, a southwestern state in Nigeria.
The communities are occupied mainly by farmers and petty traders.
Their story changed from manageable comfort to pain when the Lagos-Ibadan railway project passed through their community.
Different residents and community leaders who spoke with Dataphyte detailed how the railway had led to national prosperity but unfortunately to poor local access to education, healthcare, water, as well as low economic activities in the area.
Poor access to education, health
At a community named Alagada, residents said the railway project had blocked access roads leading to schools and health centres.
A resident, Mr Teslim Ibrahim, who spoke with Dataphyte, noted that going to school had become a nightmare for his kids.
“The only road to school is on the rail track. The children need to climb the hills and then the roads down the railway track before getting to school,” said Ibrahim.
He told Dataphyte that one of his children suffered injuries just days before our correspondent visited.
“My daughter fell while going to school. Only God saved her. This is what children pass through daily.”
Dataphyte was told that whenever there was rainfall, students would stay at home for days due to a lack of good road network. Often, the railway track and the road leading to the track would be impassable.
A resident of Alagada, Mr Jamiu Abiodun, told Dataphyte that some parents in the community, who could not bear the pain of seeing their children pass through the railway tracks, had decided to leave their children at home.
The Baale (local King) of Afaaja in Oke-Paa, Mr Sunday Oladipupo, told Dataphyte that the railway project had prevented residents of the community from accessing critical infrastructures such as water, healthcare and education.
“We do not have a single hospital in this community, not even a clinic. The one we used to go to, has been blocked by the railway line. Now, if anyone is sick, even for our pregnant women, we rely on traditional medicines,” he noted.
He lamented that promises by the government to intervene in their plight had not been fulfilled.
The local king shared his personal experience with our correspondent.
“I fell off that road, and only God saved my life. I supported myself with a cutlass so that I would not fall on the railway tracks. This led to several injuries that my children had to spend a lot of money on.”
No water
Speaking further, the Baale lamented that the community lacked water because the wells had been covered by the railway tracks.
The Chairman of the community, Mr Taofeeq Olaniyan, also lamented the absence of water in his community. He noted that he tried his best to pump his borehole for the community whenever he could, noting that this had become insufficient because everyone relied on him and he did not have the capacity to provide water daily.
He noted that non-governmental organisations had come with a promise of providing water for the community but all to no avail.
Same in Oyo
This was the same situation at communities in Oyo State.
At Isabiyi, Oke-Igbagbo and Katepe, residents lamented the impact of the project.
Ms R.F. Omotunde, principal of the only public primary school at Isabiyi – St Matthew Primary School – told Dataphyte that whenever it rained, students would not be able to attend classes for days.
She blamed this on the negative impact of the railway project on a community stream.
“Students who come to our school do so from places such as Olode and Aba Igbagbo. The only access road is a stream that has become wider due to the Lagos-Ibadan rail project. The government blocked the route the students pass but failed to provide any alternative, leaving the students with no choice but to pass through the stream. Any day it rains, over 20 children do not come to school for days due to lack of access roads,” she noted.
The Secretary, Isabiyi Community Residents’ Association, Mr Olorunfemi Babatunde, also lamented that the government’s promise of intervention had failed. He noted that the Chinese companies working in the area usually came with soldiers to avoid protest by residents.
Position of the law on compensation
International laws strongly support compensation of host communities even when their land is taken for public interest. A research led by Nicholas Tagliarino and Yakubu Bununu, among others, cited the United Nation’s Voluntary Guidelines on the Responsible Governance of Tenure (VGs), which protects the land tenure rights of all persons, especially vulnerable and marginalised groups.
They quoted Section 16.3 of the VGs which provides that “states should ensure a fair valuation and prompt compensation in accordance with national law.”
They equally cited the Nigerian constitution which mandates fair compensation of host communities whose properties have been expropriated.
“The Constitution of Nigeria (1999) states that no property can be acquired without ‘prompt payment of compensation’ and a right to access courts of law or tribunals for the determination of ‘…interest in property and the amount of compensation,” they quoted.
A lawyer, Dr Sam Oyigbo, said the Land Use Act of 1978 and the public acquisition laws advocated for the compensation of owners whose properties had been expropriated.
“Land Use Act says that land belongs to the state government. Even if the Federal Government needs land, it must go through the state government. The state can acquire property of individuals as far as it is for public interest. However, the individuals must be served personally and compensated. The owners have a right to approach the court if they feel the compensation is not appropriate,” he said.
Nigeria’s federal and state government often pay compensations in line with their own valuations. There is no set standards as to how much individuals whose land or properties are expropriated can get. However, the government is deemed rational enough to compensate owners for their properties duly.
Individuals have taken governments to court on several occasions regarding expropriation. An example was Imo State government under former governor Rochas Okorocha, which was taken to court on allegations of forcefully taking people’s pieces of land without compensation. As at 2019, there were 500 cases in court against Okorocha’s government, according to a member of the Nigerian Institution of Estate Surveyors and Valuers, Mr Sam Anokam.
NRC refuses to speak
When Dataphyte reached out to the spokesperson of the Nigerian Railway Corporation, Mr Yakubu Mahmood, regarding the issue of compensation, he declined to comment. Several attempts to get him to speak proved abortive.