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This paper has examined the changing land tenure arrangements in Biu and the KND before and after the introduction of irrigation agricul- ture by the state in the 1970s and ’80s. It has shown that prior to the construction of the Tono Irrigation Project there was a stiff contest be- tween the Tengnyam and the chiefs for the control over land in the area. Developments during the colonial period favoured the chiefs who were considered to be the political representatives of the communities in the Native Administration. The Land and Native Right Ordinance in- troduced by the colonial government in 1927 declared all lands in Gha- na ‘public lands’ and placed them under the control and management of the Governor. This law enabled the colonial government to obtain access to land without hindrance or the payment of compensation. However, the control of land by the government was only effective in the major towns. In the rural areas, landowners andTengnyamcontin- ued to administer land according to customary laws. Chiefs used their powers and closeness to the colonial administration to gain some con- trol over land, especially in the urban areas. Some of the paramount chiefs later claimed allodial title over land in their traditional areas. The contest for control over land thus intensified with the chiefs gradu- ally gaining the upper hand due to their influence in national politics. The Tengnyamgradually lost effective control over some lands that had hitherto been under their control. By and large, the various post-colo- nial governments in Ghana maintained the status quo by leaving all lands in Northern Ghana as ‘public lands’ until 1979 when these lands were returned to their traditional owners. The return of northern lands to their traditional owners further heightened the struggle for control of land between the Tengnyam and the chiefs, as the former began to reassert their authority over land that apparently had come under the administration of the chiefs.

It was against the background of the ongoing struggle for the control of land that the Tono Irrigation Project was constructed. The National Redemption Council government with the support and connivance of the chiefs expropriated land from communities lying along the Tono River for the construction of the irrigation project. TheTengnyamwho

were traditionally accepted to have authority over community lands were largely ignored during the process. The Ghanaian government paid a meagre compensation to the chiefs to be distributed amongst households and communities whose lands were expropriated, but many residents claimed they did not receive their share of the compen- sation. The Tono Irrigation Project has further intensified the struggle for the control of land between the chiefs, the Tengnyamand the state since the introduction of community management of irrigation fields. The Tengnyam or their representatives have almost everywhere been made part of the Village Committees created to manage the allocation of irrigated land to individuals and households participating in the Tono project. This has resulted in attempts by the Tengnyamtoreassert

their claim and control over land expropriated by the state. They have tried to bring part of the irrigation project indirectly under their control by introducing traditional religious practices in areas under the control of the VCs. Chiefs have also used their influence with the project man- agement and government officials to secure access to large acreages of irrigated lands on the project. They have also strived to be members of the Village Committee to ensure that their supporters have access to ir- rigation plots. They often use irrigation land for patronage purposes. The contest for land and power between chiefs and the Tengnyam in Biu and the surrounding communities has had a disastrous impact on these communities. It has polarised the inhabitants along their various sections and interest groups. It has also intensified chieftaincy succes- sion conflicts and politicised the life of the residents. The competition for chieftaincy has become intense as the various sections in the settle- ment support different candidates for the chieftaincy position. Indeed, these animosities were partly responsible for the ‘Biu war’ in 1997 and the continuing tension within the community.

While the ICOUR has lost some control over land allocation in areas under the management of the VCs, it still controls the use of land by commercial farmers, smallholder farmers, public and civil servants, as well as politicians. Besides, ICOUR maintains a certain amount of con- trol over the use of land in the project area through the control of water. ICOUR exerts its influence by refusing to provide water to in- debted farmers and communities. This has enabled it to maintain its fragile hold over lands in the irrigation project. The Tono Irrigation Project provides a good example of the changing land tenure system in the KND and the on-going struggle between chiefs, earth priests and the state for the control over land in Northeastern Ghana. The Project also shows the considerable extent to which rural livelihood in the KND has been transformed through the introduction of irrigation agri- culture.

Notes

1 See Becher 1996; Gutschmidt 1996; Lachenmann 1995; Rabbe 2004.

2 The local name for the earth priest varies amongst the different ethnic groups in Northeastern Ghana. He is called Tindana and Tegatuamongst the neighbouring Nankani and the Kassena respectively. I will use the Buli wordTengnyono(pl.Teng- nyam) which is the language of the residents of Biu and the neighbouring Builsa Dis- trict.

3 Some of the important roles of chiefs, including being the main link between the government and the inhabitants, have since the introduction of the local government system in 1988 been taken over by the Assemblyman. Nevertheless, chiefs still repre- sent their communities and have remained influential in national life and politics. 4 This section relies heavily on earlier fieldwork in Biu. See Tonah 1993:69-82. 5 See Kunbuor 2003 and Lentz 2006a for an extensive discussion on the relationship

between ‘first-comers’ to a particular locality and ‘late-comers’ with respect to the type of rights a group or individual asserts over land and the security of tenure associated with such rights.

6 According to Kunbuor 2003, the allodial title is ‘the highest proprietary interest known to customary schemes of interest in land. It is sometimes referred to as the paramount title, absolute title or radical title’. See also Kasanga 1988.

7 In the neighbouring Builsa District, for example, the paramount chief of the area

(theSandemnab) and his elders are claiming that the allodial title to land in the Buil-

sa area is vested in the paramount chief who holds land in trust for the people. The paramount chief has succeeded in displacing theTengnyamwho previously held the allodial title to land in the area (Konings 1986: 154). Similarly, the paramount chief of Bolgatanga (theBolganaba) is also claiming allodial title to land in the Bolgatanga area although this is being contested by the Tindana(earth priest) who apparently had authority over land in Bolgatanga prior to the colonial era (see Lund 2006). 8 The Biu community has the unenviable situation of having two chiefs. Each of the

two clans/sections has its own chief and both of them are laying claim to being the direct descendant of the first settler in the settlement.

Alternative Dispute Resolution: What kind of