State Monopoly and Indigenous Participation Rights in Resource Development in Nigeria

Abstract

For decades, the tide of Nigerian legislation in matters of mining and natural resource control and development has flowed in the direction of state monopoly, riding roughshod over the rights of indigenous communities where these resources are found and threatening the survival of those communities. This article examines the possibilities offered by public participation law and practice as an instrument for achieving a successful conflict-free and sustainable development of minerals and other natural resources in Nigeria for the mutual benefit of the state and indigenous host communities.

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Victoria E Kalu

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Senior Lecturer in the Department of Private and Property Law, Faculty of Law, University of Benin, Nigeria. The author can be contacted by e-mail at [email protected]. She is a doctoral student of the Faculty of Law, University of Nigeria, Nsukka, Nigeria and currently a Fulbright Visiting Scholar to American University-Washington College of Law, USA.