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ABSTRACT
The importance of crude oil to the Nigerian economy cannot be overemphasized. Nigeria heavily relies on petroleum resources as it serves as the major bulk of its revenue. Before the discovery of crude oil in Nigeria, the country had hitherto relied on agriculture as mainstay of the economy but attention has now shifted from agriculture to petroleum. This is more so due to the current security challenges of the country especially the frequent and seemingly unending clashes between farmers and herdsmen over grazing lands. This has sent farmers away from their farms, and hence, less production and food shortage. This has led to the over-reliance on petroleum products as the major source of export in Nigeria. Since the discovery of crude oil in Nigeria in commercial quantity, in Oloibiri, Rivers State in 1956, what should ordinarily be a blessing to the nation has rather become a curse. There have been conflicts between the government and the oil producing communities. The multinational oil companies seem to have been at the receiving end of these frequent conflicts as their facilities have been targeted and personnel taken hostage. A pertinent question that arises is, who owns the oil? The government or the oil producing communities? This question has led to so many conflicts which has threatened the existence of the country. Many groups have been formed in the forms of militants in the oil producing communities who are involved in activities that have continually threatened the peace and unity of the country. There have been instances of kidnapping for ransom, deaths, illegal oil bunkering, facilities vandalization, etc. The impact of exploration of oil on host communities have had a devastating effect on the ecosystem. The exploration of crude oil in these communities have had so many environmental effects. This is so especially in the riverine areas where waters have been made undrinkable and fishes in the river can no longer be sustained because of oil exploration and facilities vandalism. The members of these communities have continued to clamour for their rights in this oil dominated economy and the government has also responded in some instances. But have these responses gone a long way in addressing these issues? xiv The right to ownership and control of natural resources under the Nigerian law is constitutional. The constitution of federal republic of Nigeria 1999 1 (as amended) vests the control and management of natural resources and hydrocarbon operations on the federal government for the common good and benefit of the citizens. There is also a similar provision in the Petroleum Act.2 What this means is that the mineral resources found on any land in Nigeria is owned by the federal government. There have been polarization of thoughts on the fairness of such provisions. This seems to have neglected and relegated the communities whose lands mineral resources were discovered to the background. But the vesting of ownership and control of the resources on the Federal Government is in a bid to maximally utilise these resources for the benefits of the citizens especially the oil producing communities themselves. A panoramic study of the current situations of these communities does not reflect the level of economic, infrastructural and social development which it ought to enjoy. The dilapidated state of these communities shows a lack of government presence. This project aims to examine the legal rights of the ownership and control mineral resources of the Niger Delta States. It examines some theories of ownership of mineral resources and analyses the decisions of various courts, up to the Supreme Court of Nigeria on the subject.
