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Soil Governance and Sustainable Land Use System in Nigeria: The Paradox of Inequalities, Natural Resource Conflict and Ecological Diversity in a Federal System

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Legal Instruments for Sustainable Soil Management in Africa

Part of the book series: International Yearbook of Soil Law and Policy ((REGPER))

Abstract

Nigeria has introduced several changes in its soil governance and land tenure system since independence. This is attributable to the awareness that soil is a key life-supporting resource central to the creation of a host of goods and services. In pre-colonial and contemporary Nigeria, sustaining soil integrity remains a cardinal parameter for measuring society’s ability to meet its basic needs. As an ecosystem integrity indicator, soil is the hub that facilitates a balanced terrestrial foundation upon which sustainable societies are built through sustainable management of natural resources. Thus, the interaction of soil resources and common wealth allocation in a federal state such as Nigeria is a complex one. Over the years, this interaction has made minority traditional farming communities bear the brunt of the deleterious effects of soil degradation. This is against the background that the current soil governance arrangements, even in regional and international instruments, are incapable of addressing these quintessential problems. This chapter explains why private, local and international regulations on traditional soil tenure systems have failed to address issues on sustainable soil governance and land tenure induced conflicts that threaten the actualisation of the Sustainable Development Goals (SDGs) on carbon neutral soil governance. This failure, aggravates the political tension in Nigeria. With regards to methodology, this chapter analyses distinct approaches aimed at sustainable development in national, regional and international laws which serve as a panacea to soil governance for effective implementation of the SDG target of a ‘land degradation neutral world’ in Nigeria and, Africa.

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Notes

  1. 1.

    Udo (1970). Note that in the 1970s the official measurement used in Nigeria was 356,700 square miles. This figure was converted to kilometers by the author for easy reference and comprehension.

  2. 2.

    Nigeria National Population Commission, NPC (1998). The current figure is an estimate out of population figure projections.

  3. 3.

    NPC (1991). The current figure is an estimate out of population figure projections.

  4. 4.

    Constitution of the Republic of Nigeria (1999), Section 3.

  5. 5.

    The Executive (Section 5), Legislature (Section 4) and the Judiciary (Section 6) of the Constitution.

  6. 6.

    The Executive (section 5) Legislature (Section 4) and the Judiciary (Section 6) of the Constitution.

  7. 7.

    Garner (2015).

  8. 8.

    Allaby and Park (2017).

  9. 9.

    Ponge (2015).

  10. 10.

    UNCCD COP 12 (2018), p. 10.

  11. 11.

    Boer and Hannam (2015).

  12. 12.

    Junge et al. (2010).

  13. 13.

    Orubebe (2017), p. 51.

  14. 14.

    UNEP (2016), p. 33.

  15. 15.

    Duggan (2009).

  16. 16.

    Duggan (2009).

  17. 17.

    Osaghae (1998).

  18. 18.

    Agbosu (1988).

  19. 19.

    Section 1 of the Land Use Act, Cap. L5 LFN (2004).

  20. 20.

    Kola tenancy is defined under the Kola Tenancies Law, Cap. 69, Laws of Eastern Nigeria (1963), as “a right to the use and occupation of land which is enjoyed by any native in virtue of a kola or other token payment made by such a native or any predecessor in title in virtue of a grant for which no payment in money or in kind was exacted.”

  21. 21.

    PM News Nigeria (February 12th, 2018).

  22. 22.

    Prohibition of Cattle and other Ruminant grazing in Ekiti (2016). This law criminalises grazing in some places within the state and outside certain periods in the day. It also prohibited the carriage of any kind of weapon by herdsmen (Prohibition of Cattle and other Ruminant Grazing in Ekiti, 2018).

  23. 23.

    See Statement of Chief Audu Ogbeh, the Minister of Agriculture and Rural Development.

  24. 24.

    Daily Post (January 16th, 2018a).

  25. 25.

    PM News Nigeria (January 30th, 2018).

  26. 26.

    Infra note 44.

  27. 27.

    Pulse NG (July 4th, 2018).

  28. 28.

    Punch Newspapers (May 2nd, 2018b).

  29. 29.

    The Guardian Nigeria (April 13th, 2018).

  30. 30.

    Vanguard (March 24th, 2018b).

  31. 31.

    Vanguard (March 24th, 2018b).

  32. 32.

    Daily Post (March 26th, 2018b).

  33. 33.

    Quartz Africa (May 1st, 2018).

  34. 34.

    Daily Post (April 24th, 2018c).

  35. 35.

    Premium Times (April 30th, 2018b).

  36. 36.

    The Cable Nigeria (April 27th, 2018).

  37. 37.

    Vanguard (April 13th, 2018c).

  38. 38.

    Punch Newspaper (January 15th, 2018a).

  39. 39.

    Premium Times Nigeria (April 12th, 2018a).

  40. 40.

    Agbosu (1988).

  41. 41.

    Nigerian Land Use Act LFN Cap L5 (2004).

  42. 42.

    Adigun and Omotola (1982).

  43. 43.

    Adigun and Omotola (1982).

  44. 44.

    Situma (2003).

  45. 45.

    Amodu v. Secretary of Southern Nigeria (1921) A.C. 399–404.

  46. 46.

    Adigun and Omotola (1982).

  47. 47.

    Coker (1966).

  48. 48.

    Elias (1971).

  49. 49.

    Among the leading experts on African Land Law are: Allott, Woodman, Gordon, Bentsi-Enchill, Nwabuaze, Kludze, Asante, Ollennu, Obi, Olayede, Ezejiofor and others.

  50. 50.

    Note, however, that this customary principle of the head of family in Southern Nigeria is similar to some other African societies. For a good comparative study see Bentsi-Enchill (1964), also see Sarbah (1968). According to him: “The village community is a corporate body, of which the members are families, or family groups, residing in the several households, and including the joint as well as patriarchal families.”.

  51. 51.

    Amodu v. Secretary of Southern Nigeria (1921) A.C. 399–404.

  52. 52.

    The dictum of per Foster-Sutton, P. in Fynn V. Gardiner (1953) 14 W.A.C.A. P. 260. Cf. this view with the flexible position expressed by Per J Robinson in Archibong V. Archibong (1947) 18 N.L.R. 117.

  53. 53.

    Ogun V. Mefun (1931) 1 N.L.R. 82. See Abeje v. Ogundairo the Nigerian Supreme Court Case (unreported SC.80/1968 dated 13-02-1970).

  54. 54.

    Customary right of occupancy is defined under section 50(1) as “the right of a person or community lawfully using or occupying land in accordance with customary law and includes a customary right of occupancy granted by a Local Government under this Decree.” Statutory right of occupancy is also defined under the same section as “a right of occupancy granted by the Military Governor under this Decree.”

  55. 55.

    The Constitution of Nigeria (1979).

  56. 56.

    The people of Modakeke and Ife are another example showing the attitude of the people to the land despite the Land Use Act. The Modakeke perhaps influenced by the genial intendment of the Act stopped the payment of Ishakole (tribute) to the Ife people. The Ijaws, Itsekiri and Urhobos, Aguleri Land Crisis, Tiv – Jukum, etc.

  57. 57.

    Okuojenor v. Sagay [1958] W.R.L.R. 70; Ochoma v. Unosi (1960) 4 E.N.L.R. 107 and Eyamba v. Holmes (1924) 5 N.L.R. 83.

  58. 58.

    Animashaun v. Sufiami (Unreported) Suit No. LD/1977 Judgement (10-06-1980).

  59. 59.

    Animashaun v. Sufiami (Unreported) Suit No. LD/1977 Judgement (10-06-1980).

  60. 60.

    This quotation from the Sunday Tribune (February 9th, 1986) underscores this fact. It reads: “Traditional rulers who had before the birth of the Decree been deemed custodians of land in their domain felt jilted, spited and trimmed by the Decree. During a courtesy call on ex-President Shehu Shagari (9-09-1982) six traditional rulers registered their opposition to the decree. … In a memorandum presented to the ex-President, the traditional rulers stated that ‘the traditional concept of land should be held in trust by the living for the dead as the unborn. Thus the trustees are variously the Oba or the family or even at times, the individual.’ The traditional rulers noted that the Land Use Act was unnecessary as States of the Federation could legally and compulsorily acquire land for overriding public purposes with the payment of compensation.”

  61. 61.

    Agbosu (1988).

  62. 62.

    Boer and Hannam (2015).

  63. 63.

    Boer and Hannam (2015).

  64. 64.

    Boer and Hannam (2015).

  65. 65.

    Boer and Hannam (2015).

  66. 66.

    Ginzky et al. (2016).

  67. 67.

    Ginzky et al. (2016).

  68. 68.

    Ginzky et al. (2016).

  69. 69.

    Ginzky et al. (2016).

  70. 70.

    Ginzky et al. (2016).

  71. 71.

    Boer and Hannam (2015).

  72. 72.

    Boer and Hannam (2015).

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Authors and Affiliations

  1. College of Law, Novena University, Ogume, Nigeria

    Bibobra Bello Orubebe

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  1. Bibobra Bello Orubebe
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Editors and Affiliations

  1. School of Law, Kampala International University, Kampala, Uganda

    Hadijah Yahyah

  2. German Environment Agency, Dessau, Germany; Development and Rule of Law Programme [DROP], University of Stellenbosch, Stellenbosch, South Africa

    Harald Ginzky

  3. School of Law, Makerere University, Kampala, Uganda

    Emmanuel Kasimbazi

  4. School of Law, University of Nairobi, Nairobi, Kenya

    Robert Kibugi

  5. Development and Rule of Law Programme [DROP], University of Stellenbosch, Stellenbosch, South Africa, Fraunhofer Centre for International Management and Knowledge Economy [IMW], Leipzig, Germany

    Oliver C. Ruppel

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Orubebe, B.B. (2020). Soil Governance and Sustainable Land Use System in Nigeria: The Paradox of Inequalities, Natural Resource Conflict and Ecological Diversity in a Federal System. In: Yahyah, H., Ginzky, H., Kasimbazi, E., Kibugi, R., Ruppel, O. (eds) Legal Instruments for Sustainable Soil Management in Africa. International Yearbook of Soil Law and Policy(). Springer, Cham. https://doi.org/10.1007/978-3-030-36004-7_9

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  • DOI: https://doi.org/10.1007/978-3-030-36004-7_9

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