OWNERSHIP AND CONTROL OF NATURAL RESOURCES IN NIGERIAN FEDERALISM: A LEGAL CRITIQUE

Abstract

The question of natural resources governance in the Federal Republic of Nigeria has attained a vexed dimension. This is particularly so on account of the imbalance which exists between the centre and the federating states where the natural resources are derived and the neglect of the outcry which same has generated overtime. This research is aimed at study of operation of the concept of federalism and governance of natural resources in Nigeria and selected jurisdictions. The methodology adopted is the doctrinal method, with the methods of analytical and comparative analysis of statutes, decided cases, textbooks, journal articles and access to internet sources. The researcher found amongst others that in Nigeria there is no true federation in that the central government appears to be dominating the federating states with strong powers residing at the centre. Further, the legal framework in Nigeria with respect to resource governance is quite expropriatory and centrist in nature. The governance policies are tailored towards denying the producers of the natural resources the inalienable power of control and even the realization of the position of being an owner. This position has led to consistent agitations for resource control and also threatens national cohesion in the country amongst other consequences which shall be considered in this work and thus bring to question the operative federalism obtainable in Nigeria. The researcher therefore recommended that true federalism be practiced in Nigeria as in the United States of America with powers decentralized to states.