A CRITICAL APPRAISAL OF OWNERSHIP AND CONTROL OF MINERAL RESOURCES IN NIGERIA

The right to ownership and control of natural resources under the Nigerian law is constitutional. The Constitution of the Federal Republic of Nigeria 1999 (as amended) section 44 (3) and item 39 Schedule II of the Exclusive Legislative List vests the control and management of the mineral resources on the federal government for the common good and benefit of the citizens. This research aims at examining the constitutional provisions and its implications for ownership and control and practice in Nigeria. It examines some theories of ownership of mineral resources and analyses the decisions of the Supreme Court of Nigeria on the subject, particularly the case of Attorney-General of the Federation v. Attorney General of Abia State & 35 Others (No. 2) (2002) 6 NWLR (Part 764) 542 where the Supreme Court of Nigeria made several judicial pronouncements on the constitutional question of the derivation principle and ownership and control of mineral resources in the Nigeria Federation. The research methodology adopted is doctrinal, primary and secondary material were consulted for a comprehensive analysis which entails review of major laws(Constitution, Mineral laws etc.) and textbooks as primary source and other relevant materials such as academic journals, articles and case laws as it secondary source. This research finds default in the legal system and a need for reforms to address the challenges of ownership of minerals in Nigeria. This research concludes by advocating for legal reforms towards resolving challenges on the agitation of ownership and control of mineral resources in Nigeria. It recommends the adoption of what is obtainable in other jurisdictions like South Africa towards achieving a sustainable development.