Pages: 16-30

Abstract

While the contemporary international law has continued to redesign the contours of state sovereignty over natural resources, Nigeria’s legal regime has continued to deny host communities of ownership rights, as well as, their right to participate in the use and management of mineral resources found on their land. This paper is a desk-based research, which places reliance on both primary and secondary sources of data which are subjected to contentual and contextual analysis. The paper investigates the Nigerian legal regimes on natural resources ownership and control. The paper appraises the concepts such as, natural resources, sovereignty, right to development, self-determination, indigenous peoples etc. This paper examines the contemporary trend on the issue of permanent sovereignty over natural resources. The paper reveals that the doctrine of permanent sovereignty over natural resources is a hugely consequential one in contemporary world. It is the further finding of this paper that international law and practice recognise the rights of the indigenous peoples over their natural resources, as well as, their right to development and self- determination. This paper concludes on the note that right to development would be better achieved, in an environment that protects the indigenous peoples rights to self-determination and control of their natural wealth and resources, in tune with the universal justice and standard practices. Hence, it is strongly recommended that states should reform their  laws to  recognise the rights of the  indigenous peoples.