AN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAME WORK ON FOOD SUFFICIENCY IN NIGERIA
One of the goals of Nigeria Agricultural Development policy is to achieve for the nation enough food sufficient for the consumption and utterly reduce the rate of dependency on imported foods, with the view of ensuring adequate and affordable food for all. This research work is aimed at evaluating food sufficiency situation in Nigeria looking at the intervals between 1991-2016. This research reveals that there is a shortfall in locally produced food. Taking into account the total population of Nigeria to 3.2% whereas the ratio of domestically produced food has been reduced to 1% which is an indication that the demand for food is far reached and higher than the supply for such food.some of the identifiable factor responsible for this include,inconsistency in government policies, corruption, environmental degradation and unsuitable agricultural produce, therefore this research reveals that Nigeria solely depends to a great extent on imported food. Finally this study equally reveals various government policies, institutions and legal framework on achieving food sufficiency in Nigeria.This research work adopted analytical and comparative approaches in the analysis of relevant materials to the research contained in Nigeria and other international legislations, decided cases, journals, articles, newspapers and magazines including other relevant internet sources. The researches equally recommend some vital point which will be a panacea to achieving food sufficiency in Nigeria.
Keywords: Sufficiency, Environmental, Food Sufficiency, Sustainability, Institutional Framework and Legal Framework.
TABLE OF CONTENTS
Table of Contents vii
Table of Cases ix
Table of Statutes x
List of Abbreviations xi
1.1 Background to the Study 1
1.2 Statement of the Problem 2
1.3 Objective of Study 2
1.4 Scope of the Study 3
1.5 Significant of Study 3
1.6 Methodology 3
1.7 Definition of Terms 7
HISTORICAL EVOLUTION OF THE REGULATION OF FOOD PRODUCTION IN NIGERIA
2.1 Introduction 12
2.2 Method of Food Production in Nigeria 12
2.3 Factors Affecting Food Production 16
2.4 The Global Perspective on Environmental Pollution 22
2.5 Pollution from Oil Spillages 25
THE ROLE OF LAW IN ENSURING FOOD SUFFICIENCY IN
3.1 Introduction 28
3.2 The Land Use Act and Food Security in Nigeria 29
3.3 The Effect of Land Tenure Practice on Agricultural Production in Nigeria 30
3.4 The Effect of Revocation of Right of Occupancy on Agricultural Practices 33
3.5 Institutional Framework and Government Polices towards Ensuring
Food Sufficiency in Nigeria 34
3.6 Legal Framework on Food Sufficiency 43
3.7 International Framework on Food Sufficiency 44
4.1 Food Security and Legal Framework in Japan 46
4.2 United States of America 50
SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Conclusion 58
5.2 Recommendations 59
1.1 Background of the Study
Frankly speaking food is a basic necessity of life, its important is seen in the fact that, it is the basic need for sustenance, and the adequate food intake in respect to quantity and quality, is a vital key for health and productive living. The importance of food is also revealed in the fact that it accounts for substantial part of a typical Nigeria household budget. However, taking into account that there are various classes of food, such as carbohydrates, protein, fat and oil, vitamin and mineral, and all these classes of food are required in good quantity and quality to maintain a healthy living. Currently there is a growing census that food insecurity and poverty problem are closely related in Nigeria identified.
Three pillars, which is under pin food insufficiency in Nigeria, to include.
This implies that a nation whose food production level is unable to satisfy these requirements is said to have problem of food insufficiency
However,in view of the foregoing problem of food insufficiency in Nigeria. The Federal Ministry of Agriculture in 2010 revealed that over 53million people in Nigeria are hungry, accounting to 30% of the country total population, and 52% live below poverty line.However, it is crystal clear that Nigeria attained self sufficiency in food production and a next exporters of food to other continent/region as at `1950’s and 1960s,
Thus, the fall in the food production level, has resulted in the increase in food importation in Nigeria, so as to meet up with the asses demand over the supply of such food in Nigeria.Despite government polices and intervention to prevent this menace, the question is whether these government policies has actually achieved the intended objective. It is in view of the foregoing that this research intended, to ascertain the major cause of this food insufficiency in Nigeria.
1.2 Statement of Problem
Food insufficiency is one of the major problems suffered by many countries which Nigeria is not left behind and many efforts has been made to improve food supply and solve the problem of hunger as Nigeria is not excepted in the struggle to prevent food crisis. Many hands are on deck to solve this looming problem; among them are research institutions, tertiary institutions, government agencies and non-governmental organization. Food sufficiency implies the availability of food at all time for every house hold, whereas food insufficiency is the opposite. This research tends to solve the problem of food insufficiency thereby promoting agriculture in Nigeria through the aid of institutional and legal frameworks. One of the problem that tends to prevent the actualizational of this dream, is poor equipment used by farmers, fragmentation of land into smaller portions little or no legal frameworks etc hinders large scale agriculture in Nigeria. In spite of this, farm mechanization is recommended as a necessity to increase food productivity in Nigeria and reduce hunger to the lowers minimum.
1.3 Objective of Study.
The main objective of this study is to examine and evaluate the food sufficiency situation in Nigeria and the challenges of achieving sustainable food sufficiency for all Nigerians and probably the way forward towards its actualization.
1.4 Scope of the Study
This research work is limited to investigating the relevant course of food insufficiency in Nigeria, government effort with regard to policy programmes, in actualizing food sufficiency for Nigeria taking into account that food is one of the basic needs of man. This research is aimed at investigating the relevant jurisdiction of Nigeria, so as to ascertain the extent of food sufficiency in some of the jurisdictions, problems causing availability of enough food, and possibly prefer solution to them.
1.5 Significant of Study
The above mentioned problem of food insufficiency is common to all developing countries, and findings of this research will contribute to the application of policy design and analysis in policy evaluation which is one of the new research spearhead, especially within the framework of government, and spatial Information management (GSIM) programme, and evaluating policy effectiveness is also viewed by many as the basic tools for monitoring progress.Despite its usefulness, critical evaluation of policy effectiveness is not carried out in majority of the developing countries like Nigeria.
Therefore it is in this respect that this research work, intended to carry out a study so as to evaluate the effectiveness of food sufficiency policy in Nigeria, with the view to ensuring food sufficiency in Nigeria.
1.6 Research Methodology
This research work employed both primary and secondary sources in it research in order to achieve its aim and objectives the primary data in this context relate to legislation (statute) and case laws, whereas the secondary data, relate to relevant research on text books, journals, Newspaper, magazines, and also adopted both analystical and comparative method of research.
1.6.1 Literature Review
An appreciable body of knowledge and information has been generated by different researchers, and authors on the wide range of issues, related to the subject matter of study. This aspect of this research work is considered necessary because it explores critically the mass of literature. Through anin-depth look at concept, theories principles, and related empirical studies. Which help to ascertain the scopes and limitation of other studies in this subject matter, effort are made to cover as much as possible issues relating to the research question and the scope of this study.The literature review is done in three parts the first is done or looked at the conceptual literature the second reviewed the present theoretical literature and depicts the framework of food sufficiency, whereas the last part of the review studies is carried out on food sufficiency.Food sufficiency is a condition related to the supply of food and individual access to it, and the concerns over, throughout history.
There is evidence of granaries being used over the year for over, 10.000, years ago, with central authorities in civilization, including china and Egypt being known to release food from storage in time of famine, thus during 1974 food conference in Rome, the term food sufficiency was defined with reference to supply.Food security and sufficiency their said is the “Availability at all time of adequate world food supplies of basic food stuff to sustain a steady expansion of food consumption and to off set fluctuation in production and prices” food security is generally broken down into four different component.
Availability,Access Utilization,Vulnerability.Each capturing different, but overlapping dimension of the subject matter.
Firstly food Availability is achieved when sufficient quantity of food is consistently available to all individuals, within a country, such food can be supplied through household production other domestic output, commercial imports or food assistance.
Secondly, food access is ensured when house hold and all individuals within them have adequate resources to obtain appropriate food for a nutritious diet, this access depends on availability of income to the household, on the distribution of income within the household and on the price of the food.For person living in Urban Area, food access depends primarily on the household’s ability to purchase food, most urban dwellers neither have large food stores, nor do they have access to area for aim food production.
Thirdly, food Utilization is the proper biological use of food, requiring a diet, providing sufficient energy and essential nutrients, portable water, and adequate sanitation.
Effect of food utilization depends to a large measure knowledge within the household of food storage processing techniques, basic principles, of nutrition, and proper childcare.
Fourthly, another concept that is increasingly becoming accepted is “Vulnerability” which is one of the major risk that can disrupt someone of the first three features. As we have noted earlier that there are four major factors or element of food security, which include Availability, Accessibility, Utilization.
Food availability is necessary but not sufficient for food and on the other hand accessibility is necessary, but not sufficient for utilization in a large sense, two broad group of factor, determines food security which include supply side factors, and demand side factor the supply factor determines food supply or it availability in order word supply factor is the determinant of the physical access to food at house hold and intra-house hold level.
The demand side, on the other hand, determines the degree of access of countries household and individuals to the availability of food. Food security at sub national level means the assured availability of food for individual household to draw on to must their minimum consumption requirement, during a given period.
According to Abdulahi Food security has been defined as the ability of food deficit countries or regions, or household to meet consumption level on year to year basis.
According to Mohamed, food security has to facet (a) reduce domestic production, policy charge, and a major dislocation on food import which reduces the overall per-capita availability of food in the country even though the average income is adjust to purchase food at normal price, it availability.
Food insufficiency is the inability of poor countries, family and poor individual to purchase sufficient quantity of food from the existing supply theatre according to Abdulahi, impairing food sufficiency includes both improvement on the purchasing power of the poor and boasting the overall food production.He added that developing countries can develop a two strategy to promote food security in the long run. Effort must be made to increase the purchasing power of the poor by raising the overall level of food production in the third word, thus increased food production and purchasing power must be inexplicably linked to element of any long food security effort.
Accordingly .Abdulahi, added that the redistribution of food from developed countries of the world to the developing countries should be the best way to solve food insufficiency problem.But I disagree with this view because if that should be the case the developing countries will die at the mercy of the developed countries.
In my view if we should need any help from the developed countries of world to improve our food security it should be on the area of technology there should be a transfer of technology and trained manpower in the developing countries and adjust supply of viable species of crop seedlings,cherries such as inorganic fertilizer and other Agro-chemical to support our local farmer. Who is the major producer of food consumed in Nigeria.
1.7 Definition of Terms
Sustainable food sufficiency has been defined in various ways by different scholars. According to World Health Organizationdefined food sufficiency as the access to food needed by all people to enable them live a healthy life at all time. A country is said to be food sufficient when there is access to food of acceptable quantity and quality consistent with decent existence at all time for the majority of the population.
This means that food must be available to the people so as to meet the basic nutritional standard needed by the body. But it should be noted that availability of food does not mean accessibility to food. Availability depends on production, consumer price, information flows and the market Dynamics.
World bank defined sustainable food sufficiency as an access to enough food for an active healthy life at presents as well as ability to provide enough in future.
Abudulahi, Defined sustainable food sufficiency as when people have physical and Economic Access to sufficient food to meet their dietary need for a productive healthy life at present and as well asin the future. This definition outlined some indices for measuring the extents or degree of food sufficiency to be achieved by any country and the indices are, adequate national food supply,nutritional content, accessibility,affordability, and Environmental protection. Absence of food sufficiency is food insufficiency, food insufficiency; on the other hand represents lack of access to enough food and can either be chronic or temporary.
Adeoti. opined that chronic food insecurity arises as a result of lack of resource to acquire and produce enough food, thereby leading to persistent inadequate.
(FAO 2010) Referred to food insufficiency as the consequence of inadequate consumption of nutritious food bearing in mind that the physiological use of food is within the domain of nutrition and health. When individual cannot provide enough food for their families it leads to hunger and poor health. Poor health reduces one ability to work and live a productive healthy life; poor human development, destabilizes a country potential for economic development for nations to come. Therefore the core determinants of food security are availability, accessibility, Utilization, and stability.
Food Availability: Availability of food plays a conspicuous role in food security, having enough food in a nation is often necessary, but not adequate to ensure that people have satisfactory Access to food, over the year population has increased faster than the supply of the food thus resulting in food availability per person.
Food Accessibility: Generally the ability to have access to food, depends on the availability and quality of infrastructure needed for the production and distribution of food, lack of Economic access to food is as a result of increased poverty.
Food Utilization: This concept can be measured by two factors which reflect the impact of inadequate food intake and utilization the first outcome is measured by under five years of Age nutrition level while second measurement is quality of food, health and hygiene.
According to FAO measuring the nutritional status of under five years of age is an effective approximation for the entire population, the indicator for the measurement of under five years of age are wasting (too thin for height) underweight (too thin for Age) and stunting(too short for Age).Accordingly in some cases, progress in terms of having access to food is not always and often accompanied by progress in the utilization of the food. A more direct indicator of food utilization is underweight, because it shows improvement more promptly than stunting and wasting which improvement can take a longer time to be noticeable.
Stability:Stability has to do with exposure to short term risk, which have a way of endangering Long term progress, key indicator of exposure risk include climate shock such as drought, erosion, and volatility in price of input for production, the world price shock leads to domestic price instability which is a threat to domestic food producers as their stand the chance of losing invested capital, Nigeria farmers are mainly small holder farmer,(i.e.) subsistence farmers, this makes it difficult for them to cope with changes in the price of input, and it also lower their ability to adopt with new technologies thus resulting in reduced overall production, changing whether condition as a result of climate change, which has played an adverse role in reducing the overall production, changing whether condition, as a result of climatic change have played apart in reducing food supply. For instance flood in the southern part of the country and drought in the north part, leads to sustained losses in production and income. It is the interplay of this entire variable that determines whether an individual house hold, states, or nation is food sufficient or not. This is because sustainable food sufficiency at the House hold level does not determine or guarantee sustainable food sufficiency at the state level or even at the national level.
However this above theoretical analysis is based on Thomas Malthus theory of population where Malthus warned that the population will exceed the earth capacity to grow food. This is because population grows in geometric progression whereas food production grows in Arithmetic progression.
Food Production, Food Supply and Nutrient Status in Nigeria
A Holistic study of the demand for food, supply for food, as well as the nutrient status will give a better understanding of food sufficiency and avialability situation in Nigeria.
A food sufficiency situation is said to exist when the demand side is balanced with the supply and anything contrary suggest food insufficiency.
Nigeria produced all its food needs and surpluses for its Agro-Industries in1970s, and showed remarkable trends that Nigeria was, and could remain self sufficient in terms of food requirement for its citizen and for exportation in recent years, there is low Agricultural productivity in Nigeria, the expected yield from crops, soils, rivers, lake, live stocks, and forest are far below potentials. Even with low productivity in Agriculture, a significant proportion of food produced is lost during storage, and transportation, which arises as a result lack of efficient and effective storage facilities to preserve the produced food. Also the Roads are so bad that most of these foods are lost before they get to the consumers.
Sources of Food;
It is important to note that depending so much on food importation is not good for any economy, it could only lead to vulnerability and incase of down term in the economy as we are currently experiencing, the country will be left with no option than to depend on food aid and further exposing the country to chronic food insufficiency situation.
However, the readily available quality of diet shows imbalances, as a result of heavy dependency on root crops, tuber and cereals, as a major contribution to the availability of food, does not only depends on or does it come only on Agricultural crops, fisheries and forest product also serve as the available source of food, as their have high nutrient content, forest food and aquatic animals are highly nutritious and can be used as supplement for food lacking essential vitamin and minerals. It is estimated that between 15% and 20% of animal. In Nigeria forest food constitute essential sources of our diet, such as nuts, wild animals, and food preservation lead to deforestation thereby worsening the food availability situation in a country.The Diet Energy Reserve (DER) derived from cereal, root, and tuber increased from 113% in 1992 to 123% in 2015 indicating an improvement in dietary supply, the minimum dietary energy requirement increased from 170kcal in 1992 to paltry of 1730 kcal in 2008 yet far less than not 1800kcal (7500kj). Which is the minimum energy required of person daily as recommended by FAO et.al.
However, the available sources of food are:Tuber, such as cassava, yam, cereals, rice, wheat, maize, etc., Animal. Such as aquatic life, wild animals etc. and the nutrient derived from these classes of food are essential for healthy living.For instance, protein, are gotten from, meats, egg, fishes, etc.
Generallyfood is classified into six groups which include:Carbohydrate, Protein, Vitamins, Fat and oil, Mineral&Water.
 World Bank 2001
 Federal Ministry of Agriculture 2010
 A. Abdulahi, Food sufficiency in Nigeria How close are we? 2008 p. 4-6, a paper presented at the Federal Radio Corporation Annual Lecture Abuja
 WHO (1995) and FAO et al. (2013)
 S. Rentilimger,food and Poverty in Nigeria 1985; Finance and Development vol. 22, p. 7-22.
 World Bank, Poverty and Hunger, Issues, Option for food Sufficiency in Developing Countries. Washington D.C. 1986
 J. Adeoti, Economics Crisis in Developing Countries the Food Dimension, Illorin Journal of Business and Social Science 1989
Otaha Food Insecurity in Nigeria: way forward 2013 An international multidisciplinary journals, Ethiopia vol. 7(4)
 FAO, Global Forest Resource Assessment Main Report 2010, FAO: Forest Paper, 163 Rome
 E. N. Egbonna, Food Sufficiency in Nigeria The Challenges and way forward, 2001 (a paper presented at the Annual Conference of the Nigeria Economics Society Theme Natural Resources, Uses and Environmental and Sustainable Development pp. 307-325)
AN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAME WORK ON FOOD SUFFICIENCY IN NIGERIA