774 local government council areas and a federal capital territory with three
branches
5
—the Executive (Section 5), the Legislature (Section 4) and the Judiciary
(Section 6) of the Constitution of Nigeria (1999 as amended), and three tiers of
Government.
6 Though the present governance structure may appear to be modern or
democratic, a close analysis reveals its diverse historical, military and ethnic influences, including the impacts of colonialism, post-colonialism and postindependence ethnic politics.
The effect of the inequalities associated with the Nigerian federal system since the
colonial era has tremendously impacted on the soil administration in the country.
Consequently, there is a persistent distrust among various ethnic groups and the
government with regards to land in particular, and the allocation of natural resources
in general. Although the complications of soil governance could be traced to the
colonizers, they have become more glaring with the promulgation of the Land Use
Act of 1978. This is a paradigm shift from the traditional system of land ownership
which recognised individuals, family or the community as the land owners. The law
has given the state government the right to administer the land in trust within its
jurisdiction. Previously, the land was controlled by the family heads, traditional
rulers, communities, etc. There is now conflict of interest among states, ethnic
nationalities, communities, families, and individuals. The law appears to have
done more harm than good.
The situation is exacerbated by the negative impact of climate change and global
warming, a fact that has necessitated an unprecedented migration of people and
livestock to other parts of the country. This movement has resonated the people’s
concern towards their heritage (land). This is crucial because so much of life depends
on it. Despite resistance from the traditional land owners, the suspicious intruders too
are resolute to occupy the land by any means possible, sometimes exploring strenuous ethnic, religious, and other influences of government authority and reliance on
federal law. It has now become a matter of survival of the fittest. This is a key natural
resource access conflict that is confronting Nigeria. In effect, the government, too,
seems to be helpless, because it cannot protect the land without the individuals or the
communities. Paradoxically, it is the indigenes that actually protect the land for the
state, whereas the law gives the ownership right to the state.
It is the thrust of this chapter to unravel these contradictions that have hindered
the success of soil governance in Nigeria. This chapter additionally attempts to
suggest ways of extricating the country from this monster.
This chapter is subdivided into eight sections. Section 1 is an overview of the
issues discussed in the chapter. Section 2 attempts to define, describe and explain the
basic terms used in the chapter. This is important considering the elusive nature of
words. Notwithstanding, concepts used in the chapter are given both their common
and contextual explanations. Section 3 exposes the complexities in the Nigerian
5 The Executive (Section 5), Legislature (Section 4) and the Judiciary (Section 6) of the
Constitution.
6 The Executive (section 5) Legislature (Section 4) and the Judiciary (Section 6) of the Constitution.
158
B. B. Orubebe
branches
5
—the Executive (Section 5), the Legislature (Section 4) and the Judiciary
(Section 6) of the Constitution of Nigeria (1999 as amended), and three tiers of
Government.
6 Though the present governance structure may appear to be modern or
democratic, a close analysis reveals its diverse historical, military and ethnic influences, including the impacts of colonialism, post-colonialism and postindependence ethnic politics.
The effect of the inequalities associated with the Nigerian federal system since the
colonial era has tremendously impacted on the soil administration in the country.
Consequently, there is a persistent distrust among various ethnic groups and the
government with regards to land in particular, and the allocation of natural resources
in general. Although the complications of soil governance could be traced to the
colonizers, they have become more glaring with the promulgation of the Land Use
Act of 1978. This is a paradigm shift from the traditional system of land ownership
which recognised individuals, family or the community as the land owners. The law
has given the state government the right to administer the land in trust within its
jurisdiction. Previously, the land was controlled by the family heads, traditional
rulers, communities, etc. There is now conflict of interest among states, ethnic
nationalities, communities, families, and individuals. The law appears to have
done more harm than good.
The situation is exacerbated by the negative impact of climate change and global
warming, a fact that has necessitated an unprecedented migration of people and
livestock to other parts of the country. This movement has resonated the people’s
concern towards their heritage (land). This is crucial because so much of life depends
on it. Despite resistance from the traditional land owners, the suspicious intruders too
are resolute to occupy the land by any means possible, sometimes exploring strenuous ethnic, religious, and other influences of government authority and reliance on
federal law. It has now become a matter of survival of the fittest. This is a key natural
resource access conflict that is confronting Nigeria. In effect, the government, too,
seems to be helpless, because it cannot protect the land without the individuals or the
communities. Paradoxically, it is the indigenes that actually protect the land for the
state, whereas the law gives the ownership right to the state.
It is the thrust of this chapter to unravel these contradictions that have hindered
the success of soil governance in Nigeria. This chapter additionally attempts to
suggest ways of extricating the country from this monster.
This chapter is subdivided into eight sections. Section 1 is an overview of the
issues discussed in the chapter. Section 2 attempts to define, describe and explain the
basic terms used in the chapter. This is important considering the elusive nature of
words. Notwithstanding, concepts used in the chapter are given both their common
and contextual explanations. Section 3 exposes the complexities in the Nigerian
5 The Executive (Section 5), Legislature (Section 4) and the Judiciary (Section 6) of the
Constitution.
6 The Executive (section 5) Legislature (Section 4) and the Judiciary (Section 6) of the Constitution.
158
B. B. Orubebe