An Examination of the Contradictions in the Ownership of Land and Natural Resources in Nigerian Federation

Abstract

Ownership and control of land and natural resources, especially petroleum has been of great controversy in Nigeria. In fact the issue between states and federal government and even between governments and the communities who own the land has been one question that has continued to be the backbone of every controversy and mineral related disputes in Nigeria. This is because in Nigeria the ownership of mineral resources is vested in the Federal Government, while the lands in each of the states of Nigeria are vested on the government of the respective states.  Also worthy of note is the effect of the Land Use Act; a federal enactment regulating land use by the states and vesting powers and functions in the state governors on the federal principle of state autonomy. Further the common law principle of quid quid plantateur, solo solo cedit is part and parcel of Nigerian law, yet while land is vested on Governors of the states on behalf of the people, natural resources affixed on the ground are vested on the federal government of Nigeria, a negation of this common law principle. This paper x-rays these varying and palpable contradictions in the Nigerian legal system and makes recommendations on the need for harmony and fairness in the distribution of land resources by the legal system.

Keywords: Federal, Natural Resources, Constitution, Ownership, Autonomy.