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VOL. 5, ISSUE 3 (2023)
Determining who rightly owns and should control natural resources in the Nigeria federal structure and the environmental law effects
Authors
Simeon Olaosebikan Oni, Hilary Nwaechefu
Abstract
The Nigerian constitution
is the grund norm or the basic law upon which other laws hinge, including
Environmental Law. The constitutional law, as it relates to ownership and
control of natural resources, seems to favour the federal government of Nigeria
under the exclusive legislative list of the constitution. The Constitution of
the Federal Republic of Nigeria directs the federal government to hold the
natural resource for the common good and benefit of the citizens. There have
been several litigations between state and federal governments on the ownership
and control of natural resources in Nigeria, and the argument is ongoing. The
paper's primary objective is to examine the constitutional law and political
implications of some judicial pronouncements on Nigeria's ownership and control
of natural resources. This paper adopts the non-doctrinal approach, using law
reports, textbooks, the internet and statutes. The finding in this article is
that too much concentration of ownership and control of natural resources in
the exclusive list creates imbalance and friction in the federation. This paper
makes recommendations calling for reforms as it obtains in other jurisdictions
of, notably, South Africa, a Neighbouring African country.
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Pages:57-62
How to cite this article:
Simeon Olaosebikan Oni, Hilary Nwaechefu "Determining who rightly owns and should control natural resources in the Nigeria federal structure and the environmental law effects". International Journal of Law, Policy and Social Review, Vol 5, Issue 3, 2023, Pages 57-62
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