RIGHTS IN LIMBO: AN APPRAISAL OF THE RIGHTS OF MINING HOSTCOMMUNITIES UNDER THE NIGERIAN MINERALS AND MINING ACT 2007

Abstract

This paper examines the rights of mining host communities as provided under the Nigerian Minerals and Mining Act, 2007. The Act repealed the Minerals and Mining Act No. 34 of 1999 for the purpose of regulating the exploration and exploitation of solid minerals in Nigeria. The central issue that inspired this article is the need to appraise the rights of host communities contained in Chapter 4 of the Nigerian Minerals and Mining Act, 2007, to determine their adequacy and the level of awareness among host communities regarding such rights. Nigerian laws have historically denied host communities ownership rights and active participation in the
management of mineral resources. The ownership and control of all mineral resources is vested exclusively in the Federal Government of Nigeria under Section 44(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This paper also considers the various rights
provided under Chapter 4 of the Act. The paper adopts doctrinal research methodology and finds that many host communities are unaware of these rights and remain at the mercy of government agencies and license applicants. It concludes that government agencies—including the National Orientation Agency, the Mining Cadastre Office, traditional institutions, and the Ministry of Environment—must intensify sensitization efforts to educate host communities about their statutory rights.