OWNERSHIP AND CONTROL OF MIONERAL RESOURCES UNDER THE SHARIAH AND NIGERIAN STATUTE: A COMPARATIVE ANALYSIS

Introduction

1.1.0. BACKGROUND OF STUDY

Since the commencement of oil and gas operation in Nigeria, the issue of ownership and control of the resources has been a sore point between the federal Government of Nigeria, the oil producing state and the oil producing communities.

Different approaches have been adopted overtime to address the issue, but non appears to have succeeded in solving the problem of agitation for resource control leading to sundry deadlock sin erstwhile attempt to address the problem. Even though the law on government ownership of mineral resources is not unique to Nigeria, the application of this law in practice has been a source of controversy, this project tries to examine the origins and content of this controversy, and by drawing on the Islamic law provision on ownership of mineral resources with similar laws on ownership of resources in Nigeria, although, Nigeria is a multi religious sovereign nation but the principal legal instrument adopted for the stearing of affairs of the country recognizes the shariah justice administration.4 this makes it imperative to research in this topic with a view to seeing how the relevance of shariah provisions on ownership and control of mineral resources applies and can be adopted towards solving this age-long crises. The outcome of this research provides insight into how the issue has been dealt with, and whether the shariah rule can be applies to the issue of resources control in Nigeria.

1.2.0. OBJECTIVE OF STUDY

This long essay is aimed at examining the origin, concept and scope of mineral resources in Nigeria in trying to do this it aim to;

Identify the problem of agitation of resource control between the federal government, the oil producing state and the oil producing community.
To see the applicability of the existing laws under the Nigeria statute on the issue.

To examine the Shariah provisions on the ownership and control of mineral resources

To compare the Shariah provisions and Nigeria statute in relation to the resource control and ownership.

Suggestion and recommendation shall be made at the end of the work to better the application of the existing laws relating to the control and ownership of mineral resources in Nigeria.

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