LEGAL FRAMEWORK FOR SOLID MINERALS OWNERSHIP AND CONTROL IN NIGERIA

Oluwadamilare ADEYEMI, Kingsley Osinachi N. ONU, Motunrayo Ibironke JOSEPH-HUNVENU, Olutosin Babajide ADEYEMI

Abstract


All solid minerals are indisputably the Federal Government of Nigeria's property, according to both the Minerals and Mining Act and the Federal Republic of Nigeria's Constitution. To ensure a just and fair society in Nigeria, the application of this legal stance has remained a contentious topic that needs clarification. While it is important to concentrate on the position's ultimate economic goal, there has been a lot of support for taking the host towns' interests into account as well. This research examines Nigeria's present legal system's provisions governing ownership and management of solid minerals, as well as its effectiveness. Using the doctrinal approach, this research examines the legal framework of solid minerals ownership and control in Nigeria by examining the principal enactment vis-a-vis the position of the amended 1999 Constitution of Nigeria. This research also finds that ownership and control of solid minerals in Nigeria is vested in the federal government. This paper concludes by recommending joint ownership between the state and Federal government and also the rights of host communities be taken into consideration.

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