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Patience Tah Besong

Faculty of Law, University of Calabar, Calabar, Nigeria.

Author-ID : 4225892

Humanities Social Sciences

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The Right of the Indigenous People over Their Natural Resources: The Nigeria Situation Adams Adoga-Ikong; Patience Tah Besong
PREDESTINASI Vol 14, No 1 (2021): Volume 14 No.1 Juni 2021
Publisher : Program Studi Sosiologi

One burning issue in Nigeria today especially around the oil producing areas is that of the absolute ownership and control of the natural resources (oil) that God has endowed the people with. In the last thirty years if not more, the agitation has become more fiece from demand for self-determination, in the 60s to Kiama declaration in the 70s and recently to resource control. Every successive government in the country has come out with policies to calm the situation and even to ameliorate the hardship suffered by the people due to the negative effects of the exploitation of the oil mineral and other natural resources. Despite the above, the agitations are still on going. These come with various conferences, workshops, seminars symposia and radio and television talks on this issue by many stakeholders in Nigeria. Some of these agitations have become violent and various other crimes in the country. The various agitations are predicted on the right of the people to own and control (their) natural resources. The question then is, who are these indigenous people?What are their rights over the natural resources in their domain? What does Nigerian legislation say about the natural resources found beneath the earth in the country? And what will be the way forward?

Oil Pollution in Nigerian and the Issue of Human Rights of the Victims Adams Adoga-Ikong; Patience Tah Besong
PREDESTINASI Vol 12, No 3 (2020): PREDESTINASI
Publisher : Program Studi Sosiologi

One of the major environmental problems in Nigeria today is that of oil pollution in the oil producing areas of the country. The country has suffered environmental degradation as a result of the oil pollution in the last of five (5) decades. The causes of this oil pollution were oil spillage, gas flaring, and effluent discharge from the refineries. These have caused untold hardships on the people living close or near the oil installations or facilities and have affected their lives, wellbeing, means of livelihood and the environment generally. Oil pollution activities have also affected their right to good and decent life, human dignity and lots. Unfortunately, the victims seem to be unable to assert their human right. The reason being that there are no constitutional and statutory provisions on environmental right to those who suffer such except common law remedies such as negligence, nuisance etc which require strict and technical proofs. The constitutional provision on the right to environment in chapter II of the 1999 constitution is lax and not justifiable. The only available redress is recourse to the human rights in Nigeria isa recourse to chapter 4 of the Constitution. This situation has caused untold hardship on the people because they have no way of seeking redress when their rights are being violated. As a result of this ugly development, this work has recommended that Nigeria should borrow a leaf from other jurisdictions such as India, South Africa etc. where human rights and environmental rights are practiced together.

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Journal : Predestinasi