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Abstract
This study critically examines the rights of Nigeria’s oil producing communities (OPCs), particularly those in the Niger Delta, within the framework of international law, domestic legal regimes, and Critical Legal Studies (CLS). It interrogates the historical, socio-economic, and environmental conditions surrounding oil extraction and highlights how colonial-era governance structures
established patterns of dispossession that continue to shape contemporary resource governance. The
research demonstrates that although Niger Delta communities satisfy internationally recognized criteria for indigeneity such as historical continuity, distinct cultural institutions, and a profound connection to ancestral lands they lack formal recognition under Nigerian law, leaving them vulnerable to systemic marginalization. Through an assessment of national laws, including the
Constitution, Petroleum Act, Minerals and Mining Act, NESREA Act, EIA Act, and institutional mechanisms such as the NDDC, NOSDRA, and NNPC, the study reveals pervasive enforcement gaps, weak regulatory oversight, and structural biases that favor state and corporate interests over community rights. The study further explores Nigeria’s partial engagement with international
instruments such as ILO Conventions and UNDRIP, showing how the absence of domestication limits their practical utility. A comparative review of Canadian jurisprudence illustrates how constitutional recognition and judicial activism can strengthen indigenous rights and resource governance. The study concludes that the Niger Delta’s plight reflects deep rooted legal and structural injustices embedded within Nigeria’s resource control framework. It calls for comprehensive reforms, including legal recognition of indigenous status, stronger environmental safeguards, mandatory Free, Prior and
Informed Consent (FPIC), institutional restructuring, and alignment with international standards to ensure environmental justice, equitable development, and protection of indigenous rights.
established patterns of dispossession that continue to shape contemporary resource governance. The
research demonstrates that although Niger Delta communities satisfy internationally recognized criteria for indigeneity such as historical continuity, distinct cultural institutions, and a profound connection to ancestral lands they lack formal recognition under Nigerian law, leaving them vulnerable to systemic marginalization. Through an assessment of national laws, including the
Constitution, Petroleum Act, Minerals and Mining Act, NESREA Act, EIA Act, and institutional mechanisms such as the NDDC, NOSDRA, and NNPC, the study reveals pervasive enforcement gaps, weak regulatory oversight, and structural biases that favor state and corporate interests over community rights. The study further explores Nigeria’s partial engagement with international
instruments such as ILO Conventions and UNDRIP, showing how the absence of domestication limits their practical utility. A comparative review of Canadian jurisprudence illustrates how constitutional recognition and judicial activism can strengthen indigenous rights and resource governance. The study concludes that the Niger Delta’s plight reflects deep rooted legal and structural injustices embedded within Nigeria’s resource control framework. It calls for comprehensive reforms, including legal recognition of indigenous status, stronger environmental safeguards, mandatory Free, Prior and
Informed Consent (FPIC), institutional restructuring, and alignment with international standards to ensure environmental justice, equitable development, and protection of indigenous rights.
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