enable effective soil policy making.”
63 Further, “Soil protection and rehabilitation
policies need to be based on a human right framework, principally emphasising land
rights for marginal and vulnerable groups in society”.
64 This implies that groups
such as women and minorities should be considered in the decision-making processes. This seems to be the challenge Nigeria as a nation must come to terms with
when developing new and comprehensive instruments on soil protection.
Contemptuously, the Nigerian Federal Government has also not availed itself
with the few sustainable, development based, capacity building regional and international collaborations with development partners, the private sector and individuals
to address soil governance. Neither does it considers enforcing coherent policies that
encourage practices and methodologies that can regulate the usage of soil or land as a
natural resource. Collaborations of this nature play a significant role on the avoidance of conflicts between land users. They promote sustainable land management
that ultimately increase and sustain soil integrity in terms of fertility and output in
relation to agricultural yield ascertainable as land degradation neutrality, as conceived in the SDGs.
There are, however, limited and uncoordinated principles that pertain to soils,
particularly, in the area of evaluation of contaminated sites. In other words, these are
only contained in part, in other legislations like the National Environmental Standards Enforcement Agency (NESREA), or Urban Planning and Building Laws, etc.
but are rarely implemented or enforced.
The current Nigeria federal law that governs soil and land tenure is the Land Use
Act. Unfortunately, this legislation does not address the issues associated with
sustainable soil or land development highlighted above. It also cannot be described
as a law, policy, strategy, or any other conceivable process of decision-making that is
coherent with equitable use of soil. By every standard of analysis, the current Act
was not developed with the active participation of the citizenry. On the contrary, it
was superimposed on the nation by the then military government. Above all, it does
not include restoration or remediation of degraded soils. Another glaring lacuna is
that it has proved to be incapable of holding violators accountable. After about
40 years in force, the Act has not been able to guarantee healthy and productive soils
for a food-secured country, as well as supporting other essential ecosystem services.
Despite these shortcomings and the ensuing conflict, the political leadership at the
federal level of governance does not see the urgency or need for a general object
specific soil governance regime. This implies a legislation that contains provisions
that effectively deal with soil protection and prevent further deterioration of soil
quality. The provisions of such an instrument must preserve and promote the
symbiotic, yet multiple soil functions. Above all, they must be capable of
maintaining soil fertility with scientifically proven restoration system of damaged
soils; ensure prudent remediation capable of restoring functionality, as well as
repealing all obnoxious land and mineral legislations that do not make the polluters
63 Boer and Hannam (2015).
64 Boer and Hannam (2015).
Soil Governance and Sustainable Land Use System in Nigeria: The Paradox of. . .
173
63 Further, “Soil protection and rehabilitation
policies need to be based on a human right framework, principally emphasising land
rights for marginal and vulnerable groups in society”.
64 This implies that groups
such as women and minorities should be considered in the decision-making processes. This seems to be the challenge Nigeria as a nation must come to terms with
when developing new and comprehensive instruments on soil protection.
Contemptuously, the Nigerian Federal Government has also not availed itself
with the few sustainable, development based, capacity building regional and international collaborations with development partners, the private sector and individuals
to address soil governance. Neither does it considers enforcing coherent policies that
encourage practices and methodologies that can regulate the usage of soil or land as a
natural resource. Collaborations of this nature play a significant role on the avoidance of conflicts between land users. They promote sustainable land management
that ultimately increase and sustain soil integrity in terms of fertility and output in
relation to agricultural yield ascertainable as land degradation neutrality, as conceived in the SDGs.
There are, however, limited and uncoordinated principles that pertain to soils,
particularly, in the area of evaluation of contaminated sites. In other words, these are
only contained in part, in other legislations like the National Environmental Standards Enforcement Agency (NESREA), or Urban Planning and Building Laws, etc.
but are rarely implemented or enforced.
The current Nigeria federal law that governs soil and land tenure is the Land Use
Act. Unfortunately, this legislation does not address the issues associated with
sustainable soil or land development highlighted above. It also cannot be described
as a law, policy, strategy, or any other conceivable process of decision-making that is
coherent with equitable use of soil. By every standard of analysis, the current Act
was not developed with the active participation of the citizenry. On the contrary, it
was superimposed on the nation by the then military government. Above all, it does
not include restoration or remediation of degraded soils. Another glaring lacuna is
that it has proved to be incapable of holding violators accountable. After about
40 years in force, the Act has not been able to guarantee healthy and productive soils
for a food-secured country, as well as supporting other essential ecosystem services.
Despite these shortcomings and the ensuing conflict, the political leadership at the
federal level of governance does not see the urgency or need for a general object
specific soil governance regime. This implies a legislation that contains provisions
that effectively deal with soil protection and prevent further deterioration of soil
quality. The provisions of such an instrument must preserve and promote the
symbiotic, yet multiple soil functions. Above all, they must be capable of
maintaining soil fertility with scientifically proven restoration system of damaged
soils; ensure prudent remediation capable of restoring functionality, as well as
repealing all obnoxious land and mineral legislations that do not make the polluters
63 Boer and Hannam (2015).
64 Boer and Hannam (2015).
Soil Governance and Sustainable Land Use System in Nigeria: The Paradox of. . .
173