Non-Oil Mineral Development and Sustainability of State Economy in Nigeria: A Perfunctory Theory Test and Ebonyi State Experience

Abstract

Theoretically, ownership of property connotes among other things, ‘‘the right to use, perhaps to abuse save in so far as no damage or harm is caused to the adjoining owners of land or neighborhood”.[1] Ownership of property further connotes right to exclusive possession and the unfettered right to alienate, develop or transfer such property or right in it when it is desired. This poser supports the maxim of cuiusestsolum, eiusestusqueadcoelum et ad inferos It arises with respect to a given property. Just like Petroleum Act and Nigeria Constitution, the Mineral Act handed over solid minerals to the government of the federation. Ebonyi State is one of the States in the South Eastern Nigeria with enormous solid minerals. However, Mineral Act took a different dimension in approach of exploration and development of the solid minerals thus, giving local community and local government vis-à-vis the immediate landowners some recognitions or participatory roles in negotiation of leases. But prospective miners must get approvals from Ministry of Mines and Steel Development through its Mining Cadastre Office and not through State Department of Mineral Development. Development and sustainability of state economy through the development of non-oil resources across the nation is hampered due to the uncharitable stance of section 44 (3) of the Constitution of Nigeria. Thus, the ‘sacrosanct’ of this proviso makes the state’s right to develop or participation solely on the collection of tolls and land taxes and not rights of developing the minerals per se to boost the independence of state’s economic stand. In this article, the writer is considering the above legal issues and how best states with non-oil minerals can develop them to reduce their dependency on federal monthly allocation. It is also aimed to exploring in-depth, principles or theorems that may be best applied in formulating State’s non-oil mineral policies, legislations, proven system integration and reforms in solid mineral management in Nigeria to building a sustainable economic development in Ebonyi State Nigeria. The author will have a quick look at Ebonyi State agricultural prowess and make recommendations. This work adopts a doctrinal methodological approach where relevant primary and secondary data will be required.

Keywords:Solid minerals, Resources, Non-Oil and Gas, Sustainability, Diversification, Economy, Revenue, Development, Ebonyi State,

DOI: 10.7176/JLPG/134-05

Publication date:July 31^st 2023

[1]I. A. Uwmezulike, ABC of Contemporary Land Law in Nigeria (Revised and Enlarged Edition), (Snaap Press Nigeria Ltd 2013) at p 14. See also the Nigerian Supreme Court decision on Ashiru v Olukoya (2006) 11 NWLR PT 991 P. 1.