Assessing Adequacy of Law on Local Communities and Extractive Industry in Africa: Perspectives from Nigeria

Suraj Sae’da & Aliyu Barau Earth System Governance Project 2014, July 1-3 ESG Meeting University of East, Anglia

A) Hierarchy: Constitution and Acts of National Assembly- i) Ground norm- written constitution therefore -1999 Constitution of the Federal

Republic of Nigeria, 1999 ( as amended) – so far 3 amendments ii) International Treaties enacted into law by the National Assembly Section 12 (1)

of the Constitution iii) Acts of National Assembly – Mining is covered on item 39 of the Exclusive

legislative list – ‘Mines and minerals, including oil fields, oil mining, geological surveys and natural gas’

Iv) Residual Legislative powers: - v) Independent Judiciary vi) Rule of law vii) Legal System – Based on English Common law, Islamic Law and Customary

Law B) Structure : Federal Government – States 36 States including Abuja the federal capital– 768 Local

Government Areas – section 3 of the Constitution Three Branches of Government – Executive President, National Assembly bicameral

and Judiciary Under the Chief Justice

A) Organizations Federal Ministry of Environment Federal Ministry of Mines and Steel Development Federal Ministry of Petroleum Resources Nigerian National Petroleum Corporation Corporate Affairs Commission B)Stakeholders Non- Governmental Organizations Media – free press Natural Resources Conservation Council Professional Associations – Bar Association, Nigerian Labour Council

(NLR), Trade Union Council (TUC) Multilateral organizations Development partners eg DFID, USAID

Transparency Accountable to public through the National Assembly Public Complaints Commission Independent Judiciary and a strong Bar Easy access to courts Supremacy of the Constitution

Sossin (2011) held that: Nigeria’s Supreme Court has held that the essence of the rule of law is that: ‘ (a) The state is subject to the law; (b) The judiciary is a necessary agency of the rule of law; (c) Government should respect the rights of the individual citizens; and (d) The judiciary is assigned the role to resolve disputes between government and

individuals or groups. Openness Right to freedom of expression and the press Section 39 of the Constitution Freedom of Information Act enacted in 2011 Fair hearing and Equality before the law: Adewole [2006] 14 NWLR (pt. 1000) 242 at 272

‘By the doctrine of separation of powers

Rights of Communities- Anyoha v Obioha [2014] 6 NWLR (Pt. 1404) 445 ‘In the case of an autonomous community, as the one in hand which is exemplified in exhibit A, it is my view that such a Constitution has to be signed or authenticated by the acclaimed or elected representatives of the people …’ per Okoro, JCA

Opportunities to communities – Niger Delta Development Corporation, Ministry of Niger Delta

Free and unhindered access to courts to enforce fundamental rights for damages caused by mining -Shell Petroleum Development Company Nig. Ltd v Chief Otoko & Ors. [1990] 6 NWLR (Pt. 156) 693 CA - the plaintiffs filed a claim for compensation arising from oil spillage

Gbemre v Shell & Or. (2005) FHC/B/CS/53/05: the court granted leave to the

Plaintiffs to proceed against the defendants to enforce their fundamental rights.

Sustainability: activities and projects undertaken by Niger Delta Development Corporation NNDC and Ministry For Niger Delta

Local contents in Mining activities Dynamics of mining sector