“OWNERSHIP AND ACCESS TO LAND IN URBAN MAMPRUGU, NORTHERN GHANA”

By: Sagre Bambangi[1] and Abdulai Abubakari[2]

Abstract

This paper explores land ownership and access to land in the urban areas of Mamprugu in the Northern Region of Ghana. An overview of the system of land ownership and access in the rural areas for both residential and agricultural purposes has been used as a background for the understanding of the changes provoked by urbanization. The information used was qualitative through key informant interviews, observation and group discussions. The study revealed that land ownership and access in the traditional rural context was often in tranquility and rarely encountered conflicts. Occasional conflicts arising from the traditional rural arrangements were often easier to resolve. Also, the financial costs have been considered to be within the means of the average family or household in the locality. However, it was observed that access to land by women in the traditional framework subtly deprived women because of the patrilineal system of inheritance and the role assigned to women by the society. In the urban context, land ownership and access is in transition with a combination of traditional and modern institutions in land administration for residential and public infrastructure purposes. The study observed increasing incidence of land disputes in Mamprugu as urbanization progresses. It is recommended that the three district assemblies in Mamprugu in collaboration with the traditional authorities initiate a joint programme to address causes of the emerging problems in the few urban settlements. A successful handling of the problems of land administration in the few urban settlements would serve as gateway to urban land administration in future emerging towns and cities in the traditional area.

Key words: Land Ownership, Access by Women, patrilineal system, Mamprugu, Traditional Land Ownership

Introduction

The problems relating to ownership and access to land for residential, social and business purposes in urban Mamprugu[3] appear to have increased over the past decade. Since the return of most lands in the Northern Territories to the skins,[4] the scramble for land by chiefs/skins land ownership and families’ ownership of land, has affected access to land in urban communities in Mamprugu. Before 2000 in Mamprugu, because land was relatively abundant in the area, perhaps, the need did not arise to clearly draw the lines between allodial and usufructuary land ownership. With urbanization and the absence of such clear distinctions, indiscriminate sale of land has affected access to land and raise question marks about the ownership of land.

There is no doubt that land is one of the most critical resources in Mamprugu as in many parts of Ghana and West Africa. It has also been one of the most contested resources in Africa, setting individuals and groups of people against one another and even against the state (Abdullah and Hamza, 2003; Lentz, 2006, Lund, 2006; Ubink, 2008). Thus, disputes over land in urban communities have become a common phenomenon.

There are many studies in other parts of Ghana with respect to land tenure system, but little empirical studies is conducted in the Mamprugu traditional area. Although various studies have been conducted on land in northern Ghana, e.g. Kasanga (2003) on “Land Resource Management for Agricultural Development”, the emerging issues of concern in access to land in urban communities in Mamprugu is not highlighted. Anecdotal evidence gathered indicates that access to land in urban communities has become the most contested issue against the background of double or multiple sales of land to different people, leading to internecine disputes and struggle for land.

This study sheds light on the situation of ownership and access to land in Mamprugu in the wake of increasing population, urbanization and the resultant pressure on land for domestic, industrial and agricultural purposes. Specifically, the paper examines traditional ownership and access to land in the study area, focusing on types of land available for residential and agricultural purposes and access to land in urban communities for residential and industrial uses. The paper finally examines the issue of land disputes and how they are resolved.

Methodology

The research was designed to involve much field research as well as literature review. For the field research we employed primarily qualitative methods of gathering the information. This included mainly interviews, observations, and focus group discussions. We also witnessed hearing of land disputes cases at the chiefs’ palaces at Nalerigu, Walewale, Gambaga, and Wungu. To account for substantive geographical, administrative differences in terms of urban, cultural, gender, family norms, and customary land practices, as well as economic and domestic activities based on different demand and pressure on land with regard to urban settlements in the context of a restricted budget, the research was carried out in two (2) of the three (3) districts of Mamprugu[5]. Selected sub-chiefs and elders of Mamprugu were interviewed as key informants on traditional land ownership and access in Mamprugu in general. Selected members of staff of the Town and Country Planning offices at Walewale and Gambaga were also interviewed. So were land owners, ‘land traders’ and those ever involved in land disputes.

Semi-structured interviews were held with the chief of Walewale and his elders as well as elders of the Nayiri at Nalerigu. Also, two (2) heads of family in each community, who owned land and are noted for their involvement in land transactions in recent times from the two towns were identified with the aid of opinion leaders and interviewed. In addition, two land buyers each from the two towns were also interviewed. These interviewees served as key informants given our limited resources and time available. The responses from these interviews were compiled and scrutinized to decipher the relevant issues for the discussion of the thrust of this study.

The Study area

According to Brown (1975) and Tonah (2007) the exact frontiers of Mamprugu are difficult to delimit. Currently, it connotes the East Mamprusi District, the West Mamprusi District as well as the Bunkprugu-Yunyoo District all in the Northern Region of Ghana. The study was specifically conducted in the first two (2) Mamprusi Districts which occupy a total land area of about 8,936 km2 (East Mamprusi is about 3,037km2 while West Mamprusi is about 4,899 km2). The estimated population for 2007 was 174,824 for East Mamprusi and 115,015 for West Mamprusi. This means that the area has a population density of about 32.4 persons per Km2.

The Mamprusis are the predominant ethnic group in this area but there are significant populations of other ethnic groups such as Bimobas, Builsas, Busansi, Chakosi, Dagomba, Frafra, Fulani, Hausa, Kassena, Kombas, Konkomba, Kusassi, Mossi, Tampulunsi and some few Ewes and Akans (Drucker-Brown, 1975). Despite the diverse nature of the Mamprusi society, the rural communities are relatively homogenous. Another important feature of the society is the prevalence of patrilineality, in which inheritance, including land follows the male descent group (Abubakari, 2008).

Using the Ghana Statistical Service definition of urban settlements, only five (5) towns in the two selected districts can be described as urban using data from the 2000 Population and Housing Census. These towns with their respective populations are: Walewale – 13,558; Nalerigu – 10,698; Gambaga – 7,887; Langbensi – 6,636; and Janga – 5,054 (Ghana Statistical Service, 2005). The two (2) largest towns – Walewale and Nalerigu – were chosen for the case studies because it is expected that the larger the town, the greater the challenges to land ownership and access. Walewale is the capital town of the West Mamprusi District while Nalerigu is in the East Mamprusi District and is the traditional capital of Mamprugu, though not the capital of the East Mamprusi District. Mamprugu is one of the traditional centralized political kingdoms in northern Ghana and the ultimate authority rests with the Mamprusis although members of the other ethnic groups play delegated and supportive or supplementary roles in traditional governance (Drucker-Brown, 1975). The kingdom also enjoyed the support of the colonial authorities, especially during the Indirect Rule system when other smaller ethnic groups were brought under the Mamprusi kingdom (Illiasu, 1975; Schlotner, 2000). This also enhanced the power of chiefs and their control over land.

The main economic activity in the area is agriculture. The common crops cultivated include; cereals (such as maize, millet, sorghum and rice), vegetables (like tomatoes, pepper and okra), tubers (mainly yam, cassava and sweet potatoes) and legumes (such as groundnuts, beans, bambara beans, and soya beans). Livestock such as sheep, goats and pigs are reared in small quantities and on free or semi-free range while cattle are entrusted to Fulani herdsmen for rearing (Abubakari, 2008).

A brief overview of Traditional/Customary land management in Ghana

The literature on land studies on developing countries, in general, and Ghana in particular indicates the important role of traditional authorities and customary institutions in the management of land (see Deiniger, 2003; Kasanga, 2003; Kom, 2003; Mensah, 2003; Nukunya, 2003; Bebelleh, 2007; Cotula, 2007). Mensah (2003) for instance notes that, the institution of chieftaincy is the largest land holder in Ghana, while Kasanga (2003) found among the Mamprusis, Dagombas, Gonjas and Nanumbas in the Northern Region that, the allodial title is held by Skins and there is effective delegation from paramount Skins to divisional and village Skins. Kasanga’s findings contrast with the case of the Upper East and Upper West regions where allodial titles are rather held by traditional land priests (Tindambas).

In a similar vein, Nukunya (2003) observes traditional land ownership in Ghana from the angle of the descent group system, where he notes that, as a rule, land is vested in descent groups in Ghana. He went further to assert that in most centralized political societies in Ghana, land that is not vested in descent groups is entrusted to the king or chief who administers it on behalf of his people. Allodial title may emanate from discovery, settlement, inheritance, conquest, gift, purchase ang/or a combination of two or more of these as identified by Kasanga (2003). Kasanga’s (ibid) findings corroborate the findings of Delville (2007) on customary land management institutions in West Africa. In the study titled, Changes in ‘Customary’ Land Management Institutions: Evidence from West Africa, Delville (ibid) outlines a number of factors that guide customary land access in West Africa. These factors according to him include; primacy of first occupants, community/lineage membership, rights secured through labour and continuous use, status (nobles/commoners/captives; founders/allies/outsiders), age (elders/youths), gender (men/women) among others. This assertion implies that preferences and privileges are granted to some categories of people over others. In all circumstances, the vulnerable groups such as strangers, commoners and women are the less privileged.

Kasanga (2003) indicated that a stranger who wishes to settle is required to ask for permission from the chief, and then ask any landholder for land as a gift or on some contractual basis. However, Kasanga (ibid) also noted that under customary land management there are usually no written covenants as to how the land should be used, developed and preserved when allocated to investors or developers. But customary land management is not absolutely devoid of covenants as there are sometimes oral agreements regarding land use, including the observance of certain taboos and conventions and offer of spiritual sacrifices.

An important observation in the literature is the highlight of the limited access to and control over land by women. According to IFAD (1998) decision making on land at the community level in the Upper East Region of Ghana tends to be dominated by male chiefs, tindanbas[6] and elders or heads of clans. That when women access small plots for agriculture, they are usually the farthest from home and the least productive and labour access places constraints on their access to land. Furthermore, the report noted that unmarried women seldom have access to land. Quan (2007) also noted that women’s land rights and tenure status depend basically on their dual identities as sisters in their families of origin and wives in their families by marriage. Quan (ibid) explains that as both sisters and wives, women are often regarded as not directly responsible for the provision of resources for family needs, and hence, their marginalization in land resource allocations.

Land Management in the Urban Context in Ghana

As a society progresses to a higher level of socio-economic development, the proportion of people who live in urban centres and cities increases. The proportion of Ghanaians who live in urban areas has increased from less than 10 percent in the 1920s to over 30 percent in recent times (Yankson, 2003). Cotula and Neves (2007) asserted that population pressure is increasing in much of Africa and competition for land is rising as a result. They further indicated that urban settlements are fast growing, crowding-out agricultural land and attracting the youth from rural areas. Kasanga (2003) also noted the conversion of peri-urban agricultural lands into housing estates and related urban uses because of rapid urbanization in Ghana. But Yankson (2003) observed that land delivery for residential purposes is very slow and demand far exceeds supply resulting in hikes in land prices and thus constraining urban growth and development. Therefore, it has generally been acknowledged that urbanization results in the appreciation of the economic value of land.