this crisis is the call for disintegration. Many indigenous people of the Middle Belt
view secession as the solution to the incessant killings in the region.
After decades of social, economic and political crises, and decline, it is more
apparent than real to posit that the next frontier of crisis in Nigeria is soil governance
or land tenure crisis. This is more frightening because the root cause of this new
challenge, which is balanced access to land resources and lack of adaptation to the
deleterious effects of climate change, is greatly misconceived by the leaders of the
country. The problem of access to soil or land resources is central to the nature of
conflicts and co-operation between ethnic groups. It is easy to point out that
desertification in the far northern Nigeria, particularly in the homelands of the Fulani
herdsmen, which occasions their mass migration with their animals to other regions
illustrates the changing modes of access to soil and pasture. Consequently, this has
culminated to the present-day tensions and conflict between the Muslim Fulani
herdsmen and the Christian indigenous farming groups. The Nigerian government’s
efforts to provide mutually benefiting solutions capable of addressing stakeholders’
interests so far have exasperated social conflicts and violence, rather than creating
security for all groups concerned. Certainly, there is mistrust among the various
ethnic groups, and at the moment, there seems to be no lasting solution to the crises.
This is as a result of the inadequacy of the current legal and governance framework, institutional barriers to sustainable soil governance, and the need for international soil governance.
4 Legal Observations on Soil Governance in Nigeria
Before the promulgation of the Land Use Act of 1978 by the then military junta, soil
governance was essentially based on customary rules in which the head of the
community or family held and administered the land in trust for his people. In this
regard, his consent must be sought before deposition of land
40 could be made.
Nigeria promulgated the Land Use Decree
41 in 1978, a time the northern states
were subject to the Land Tenure Law of 1962.
42 However, in southern Nigeria, the
rules of customary law that applied varied from place to place. Thus, the law relating
to lands and indeed soil(s) underwent changes so dramatically that it impacted on the
cultures of about 350 diverse ethnic nationalities.
43 A direct consequence of these
changes is that customary property rights on soil or land have diminished in several
parts of the country, particularly in the southern states. Accordingly, individual
property rights of access to use of soils, land and other natural resources thereon
44
40 Agbosu (1988).
41 Nigerian Land Use Act LFN Cap L5 (2004).
42 Adigun and Omotola (1982).
43 Adigun and Omotola (1982).
44 Situma (2003).
Soil Governance and Sustainable Land Use System in Nigeria: The Paradox of. . .
167
view secession as the solution to the incessant killings in the region.
After decades of social, economic and political crises, and decline, it is more
apparent than real to posit that the next frontier of crisis in Nigeria is soil governance
or land tenure crisis. This is more frightening because the root cause of this new
challenge, which is balanced access to land resources and lack of adaptation to the
deleterious effects of climate change, is greatly misconceived by the leaders of the
country. The problem of access to soil or land resources is central to the nature of
conflicts and co-operation between ethnic groups. It is easy to point out that
desertification in the far northern Nigeria, particularly in the homelands of the Fulani
herdsmen, which occasions their mass migration with their animals to other regions
illustrates the changing modes of access to soil and pasture. Consequently, this has
culminated to the present-day tensions and conflict between the Muslim Fulani
herdsmen and the Christian indigenous farming groups. The Nigerian government’s
efforts to provide mutually benefiting solutions capable of addressing stakeholders’
interests so far have exasperated social conflicts and violence, rather than creating
security for all groups concerned. Certainly, there is mistrust among the various
ethnic groups, and at the moment, there seems to be no lasting solution to the crises.
This is as a result of the inadequacy of the current legal and governance framework, institutional barriers to sustainable soil governance, and the need for international soil governance.
4 Legal Observations on Soil Governance in Nigeria
Before the promulgation of the Land Use Act of 1978 by the then military junta, soil
governance was essentially based on customary rules in which the head of the
community or family held and administered the land in trust for his people. In this
regard, his consent must be sought before deposition of land
40 could be made.
Nigeria promulgated the Land Use Decree
41 in 1978, a time the northern states
were subject to the Land Tenure Law of 1962.
42 However, in southern Nigeria, the
rules of customary law that applied varied from place to place. Thus, the law relating
to lands and indeed soil(s) underwent changes so dramatically that it impacted on the
cultures of about 350 diverse ethnic nationalities.
43 A direct consequence of these
changes is that customary property rights on soil or land have diminished in several
parts of the country, particularly in the southern states. Accordingly, individual
property rights of access to use of soils, land and other natural resources thereon
44
40 Agbosu (1988).
41 Nigerian Land Use Act LFN Cap L5 (2004).
42 Adigun and Omotola (1982).
43 Adigun and Omotola (1982).
44 Situma (2003).
Soil Governance and Sustainable Land Use System in Nigeria: The Paradox of. . .
167