UNIT 7

STATE CONTROL OF NATURAL RESOURCES

State control of natural resources refers to the authority and regulation exercised by the government over the exploitation, management, and conservation of a country’s natural resources. This includes minerals, oil, gas, forests, and other resources found within the territory. See the case of Attorney General of the Federation v. Attorney General of Abia State & 35 Ors (2002) where the Supreme Court held that the Federal Government has the exclusive right to control and manage all natural resources in Nigeria, reinforcing the constitutional provision. In Nigeria, the control and management of natural resources are predominantly governed by the Constitution and various specific statutes and they include;

1. Constitutional provisions: See section 44(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which vests the ownership and control of all minerals, mineral oils, and natural gas in, under, or upon any land in Nigeria, its territorial waters, or its exclusive economic zone in the Federal Government.
2. Petroleum act: The Petroleum Act (Cap P10 LFN 2004) consolidates the control of the Federal Government over the exploration and production of petroleum. See section 1 which vests the ownership and control of petroleum resources in the Federal Government and section 2 which grants the Federal Government the exclusive right to grant licenses for oil exploration and extraction.
3. Mineral and mining act: The Mineral and Mining Act (2007) also vests control of all mineral resources in Nigeria in the Federal Government. See section 1 which states that all mineral resources in Nigeria are the property of the Government of the Federation and are managed by the Ministry of Mines and Steel Development and section 4 which provides for the issuance of licenses and leases for mineral exploration and exploitation.
4. Environmental regulations: Nigeria also has several environmental laws to regulate the impact of resource extraction. See the Environmental Impact Assessment Act (Cap E12 LFN 2004) and the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act.

STATE CONTROL OF WATER RESOURCES

Water resources in Nigeria, including rivers, lakes, and groundwater, are controlled and managed by the state to ensure sustainable use, prevent conflicts, and protect the environment. See the case of Shell Petroleum Development Company v. Farah (1995) where the court recognized the authority of the Federal Government over water resources and highlighted the necessity of obtaining relevant permits for water use in oil production. The legal framework for state control of water resources in Nigeria includes the following;

1. Water resources act: The Water Resources Act (Cap W2 LFN 2004) provides a comprehensive framework for the management and control of water resources in Nigeria. See section 1 which declares all surface and groundwater as public water to be controlled by the Federal Government, section 2 which states that the Federal Government has the right to use, control, and manage water resources and section 4 which requires that any person who intends to make use of water resources must obtain a license from the Minister.
2. River basins development authorities act: The River Basins Development Authorities Act (Cap R9 LFN 2004) establishes various River Basin Development Authorities (RBDAs) to manage water resources and develop agricultural and water infrastructure. See section 1 which establishes the River Basin Development Authorities and section 4 which empowers the authorities to manage water resources within their respective basins.
3. National water policy: Nigeria’s National Water Policy aims to ensure the sustainable management of water resources through coordinated planning and regulation.

AGRARIAN REFORMS

Agrarian reforms involve the redistribution of agricultural land, improvement of agricultural practices, and enhancement of rural livelihoods to achieve economic and social equity. See the case of Nkwocha v. Governor of Anambra State (1984) which upheld the powers of the Governor under the Land Use Act to control and manage land, emphasizing the importance of agrarian reforms. The legal framework for agrarian reforms in Nigeria includes;

1. Land use act: The Land Use Act (Cap L5 LFN 2004) is the primary legislation governing land ownership and use in Nigeria. See section 1 which vests all land in each state in the Governor, who holds it in trust for the people, section 6 which provides that the Governor has the power to grant statutory rights of occupancy to individuals or corporate entities and section 28 which provides for the revocation of rights of occupancy for overriding public interest, which includes agrarian reforms.
2. National agricultural policy: The National Agricultural Policy aims to promote agricultural development through land reforms, improved agricultural practices, and rural development.
3. Agricultural credit guarantee scheme act: The Agricultural Credit Guarantee Scheme Act (Cap A10 LFN 2004) provides for credit facilities to farmers to enhance agricultural production. See section 1 which establishes the Agricultural Credit Guarantee Scheme Fund and section 4 which provides guarantees for loans granted to farmers for agricultural purposes.

CONCLUSION

State control of natural resources, water resources, and agrarian reforms are crucial aspects of Nigeria’s legal and regulatory framework. These controls ensure the sustainable management of resources, equitable distribution of land, and development of agriculture, contributing to the nation's overall socio-economic development.