Navigating Land, Compensation And Community Development Rights In The Nigerian Mining Indsutry

Introduction

In the mining and extractive industry, the potential return on investment often intersects with the rights of local landowners and communities. From the early stages of exploration to the grant of mining leases and the operationalisation of the sites, questions surrounding land ownership, community consent, and compensation are not only legal but also deeply social and ethical and potentially have an economic impact. Navigating these issues requires an understanding of Nigeria's legal framework, particularly the Nigerian Minerals and Mining Act, 2007 ("Mining Act"), and the practical realities across mining sites in Nigeria.

Who Owns the Land?

As contained in the introductory part of this article, the principal law for mineral resource governance in Nigeria is the Mining Act. Section 1 of the Mining Act vests the entire property in and control of all minerals found in, under or upon any land in Nigeria, its contiguous continental shelf and all