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Land, Minerals and Environment in Nigeria: Contested Legal Issues

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Land, Minerals and Environment in Nigeria: Contested Legal Issues ANGLIA RUSKIN UNIVERSITY LAND, MINERALS AND ENVIRONMENT IN NIGERIA: CONTESTED LEGAL ISSUES EMMANUEL EDE EGBA A thesis in partial fulfilment of the requirement of Anglia Ruskin University for the degree of Doctor of Philosophy Submitted: January 2018 ANGLIA RUSKIN UNIVERSITY ABSTRACT FACULTY OF SOCIAL SCIENCE, ARTS AND LAW DOCTOR OF PHILOSOPHY LAND, MINERALS AND ENVIRONMENT IN NIGERIA: CONTESTED LEGAL ISSUES EMMANUEL EDE EGBA (January 2018) This study investigates landownership, mineral and environmental contested legal issues in Nigeria. Examining aims Land Use Act gives governors control over land while Constitution leaves minerals ‘only’ to the federation, severing minerals from ‘state or private-ownership’. The Act authorises compulsory land acquisitions for public purposes including mineral exploration. But Constitution supports individual’s rights over movable or immovable property and authorises compensations for compulsory acquisitions. Nevertheless, it makes enforcement of environmental rights non-justiceable by disallowing anyone to enforcing it. The ambiguities in these laws resulted to contests of landownership, mineral control and environmental degradation which the author examines. Effects of splitting minerals from landownership caused non-passage of Petroleum Industry Bill, poor implementation of Local Content Act among others were discussed. The author adopted doctrinal methodology, implementing three techniques involving finding, reading and updating the laws to give best results. We made comparisons with other legal systems because, the thesis involves diverse legal and social doctrines. This enabled the author to comparatively analyse Nigeria landownership, mineral and environmental regimes. Researcher noted effects of ‘mineral-landownership’ split and gaps in Nigeria laws which propelled her courts to take on foreign decisions in settling mineral litigations. We found that non-oil mineral law considers community in mining-lease. This was not provided under ‘petroleum’ laws. Again, the splitting statutes have led to loss of property and environmental rights in Nigeria. The law did not secure state land rights. It promotes cycle of poverty by giving federal exclusive authority over mineral exploration against state right over land. Compensations for compulsory land acquisitions were not well spelt out because of federal legislative power over minerals and interests it generates. These resulted to landlessness, discontents, contests and litigations. The researcher concludes that the existing laws cannot adequately tackle issues of landownership, mineral and environmental management in Nigeria thus require reformation. Key words: Land, Minerals, Environment, Niger Delta, Acquisition, Compensation. E. Egba PhD Thesis ( Land, Minerals and Environment in Nigeria: Contested Legal Issues) P ii DEDICATION This work is dedicated to God Almighty who saw to the success of this academic expedition despite the challenges. To my dear wife Melody, Children: Godswill, Divine and Olivia through whom I found comfort and happiness when the journey became very tough and rough. More importantly, the blessing of Olivia to my family which came during the course of this research was warming and fulfilling. To my late father Chief Fidelis Egba Oga. Although, you are no more on the planet earth to see or witness this three star regalia, the recipient shall continue to epitomize your humility, selflessness and forthrightness on the earth. To my adored and ever loving mother, Chief (Mrs) Agnes Eke Egba (Nnoha - mother of all) on whose encouragement and moral support I excelled in my life and academic struggles. It is still fresh in my memory how exultant you felt when I told you on phone that I have successfully defended this work. Alas! You did not live to see and touch this certificate as you joined your creator before the completion of the final minor corrections for the award to be made. It is a bizarre experience beyond expression that left me chagrining. But, your word to me is a Moses’ Staff. It radiates and promotes what you believed in which you instilled into me. It is a path of divine acolyte of almighty God that I have taken. It is been genuine, painstaking, persevere, truthful and hardworking, believing that there is something called tomorrow which gives result of yesterday. It creates my path to victories and outstanding. Thank you for being a great mother, a quintessential matriarch. My idol, you shall continue to live on! The best you wished me shall be celebrated. E. Egba PhD Thesis ( Land, Minerals and Environment in Nigeria: Contested Legal Issues) P iii ACKNOWLEDGEMENTS Academic expedition for a PhD pursuit from Africa (Nigeria) to Europe (United Kingdom) is a herculean task. It is seldom from my social developmental background. A journey parallel to pregnancy gestation period but with longer years of serious reading, meeting and researching; while a woman delivers a baby in the 9th month; a researcher delivers a PhD thesis after three years, both go with concatenation of hard labour, stresses, tensions and financial expenses. However, this is an uncommon honour I had wished and prayed for since my childhood. It’s a dream realization that came from divine’s ecclesiastical approval, Ebonyi State Government’s financial supports, my beloved mother and impressive individual’s moral counselling and encouragements. Firstly, my unquenchable and indisputable gratitude goes to God almighty that I live in his providence and who had made the apparently rejected author a corner stone of many ‘skyscrapers’. Lord God, you made this unbelievable venture possible for me. I am elated! I give you all glories!! I praise you!!! According to a German Philosopher, Michael Hidegan, “Gratitude is the greatest of all virtues but ingratitude is the worst of all vice”. In total agreement to this indubitable and clerical postulation, my supreme and unquantifiable appreciation goes to my first Supervisor, Prof Robert Home for his constant guidance, personal attention, suggestions and endless encouragements and his full supports to this project. Throughout this research, he was always ready to provide me with relevant materials and meetings, even in late hours. He introduced me to many Universities’ libraries in United Kingdom to ensure that nothing less than the best is achieved in this work. These were instrumental to the success in pursuit of this ambition. I cannot forget to acknowledge the roles and supports of my second Supervisor Dr Oriola Sallavacci who had taken time to read this work thoroughly and Dr Waters Nsoh my former second Supervisor for his backing. Special thanks go to my Annual Review Team and Confirmation of Candidate Committee. I give a cachet to Prof Eugene Giddens, Prof Guido Rings, Dr. Aldo Zammit Borda and Dr. Penny English, the then Head of Law School. My huge thanks go to staff of Anglia Law School Chelmsford Campus. As a Christian, I believe that divine representatives on earth are crucial to the survival of mankind. The healthy prayers, encouragements and supports of Rev. Fr Chukwuma Ogwudu PP Maryland, Ogbagede Ukwgba Ngbo Abakaliki and Rev. Fr. Gabriel Owoh PP St. Oliver’s Parish Amoffia Ngbo, Abakaliki through their unparalleled spiritual counselling when this E. Egba PhD Thesis ( Land, Minerals and Environment in Nigeria: Contested Legal Issues) P iv journey became tough were catalyst to the researcher’s conquest. I also thank Rev Fr Hughes and Rev Fr Stephen of Our Lady of Immaculate Catholic, Chelmsford, England. I express my thanks to Justice & Dr. Mrs Obande Ogbinya of Nigerian Court of Appeal for their role to my familyhood and Justice Emmanuel Nnamni of Enugu State Customary Court of Appeal for his tutorship in my LLB project. You are blessings to my present day. I acknowledge the financial support of Ebonyi State Government of Nigeria in her Overseas Scholarship Scheme when it lasted. A sudden economic crunch melted down this programme half way to my research and stopped the sponsorship leaving the journey horrified, devastating and dwindling. But, God in his infinite mercies miraculously led me successfully. I am grateful to Ebonyi State University Abakaliki for the opportunity afforded to me in her Faculty of Law as academic staff. I thank Prof. Franklin Idike the then Vice Chancellor through whom I found myself a law lecturer for the first time. The opportunity re-engineered my enthusiasm to embark on this drive when it became most imperative. I thank Prof C. A. Omaka (SAN) the Dean Faculty of Law, EBSU, Dr. Mike Ajachukwu and Dr. K. O. Udude and all academic and non-academic staff of Faculty of Law EBSU Nigeria. I thank Prof. Simon Ogamdi, former Permanent Secretary Federal Ministry of Health Abuja Nigeria for his tremendous efforts in my life. Your supports inspired me to know the importance of academic research and to live humbly in life. You made me to know that scholastic excellence comes through resilience, painstakingness and hard work. You are indeed a father per excellence. Your wish for me was not aborted. It now lives and radiates. I thank Prof. Sunday Elom, the Deputy Vice Chancellor of Federal University Echara Ikwo Ebonyi State Nigeria for his mentorship in University Community. To be remembered here, are Prof Uche Jack-Osmiri – my undergraduate Faculty Dean, Prof Charles Nwankwo, Mr Chris Ngwuta (EBSU Bursar) Dr Larry Udu, Mrs H. O. Ude, former Acting Executive Secretary, Ebonyi State Scholarship Board, Mrs F. I. Okabe and Mr. Lazarus Elom (Babaleo) for having seen my today in my yesterdays. I am humbled by your blessings. Engr. Silas Ugadu is indeed a philanthropist. Thank you for your great support during my undergraduate. My special appreciation goes to my uncles, Sir Michael Nwankwo, former Principal Secretary to the Governor Ebonyi State Nigeria, Chief Cletus Nwankwo and Pastor Edward Odo. Your unrelenting back-ups and wise counselling on me strengthened my persistence in legal career and now at its echelon. I cannot thank you adequately enough considering your well-tailored roles in my life. The completion of this research is a milestone in my life.
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