Evaluation Of The Legal Framework For Promoting Sustainable Development In The Extractive Host Communities In Nigeria

Abstract

The extraction of oil and mineral wealth has some environmental, social,
economic and political impact on the host communities. In many instances
these communities do not derive any sustainable developmental benefit from
the wealth extraction activities in their area and where they do, it is less than
the magnitude of harm suffered. This has contributed to conflicts between
government and host communities, and between host communities and mining
companies. This suggests that either there is no legal framework for extractive
industry host community development or they are weak or not applied. In
Nigeria, existing legal framework includes revenue allocation formulas
between the Federal and State Governments, the establishment of bodies like
the Niger Delta Development Commission, and enactment of laws like the
Nigeria Minerals and Mining Act (NMMA) 2007, the Nigeria Extractive Industry
Transparency Initiative (NEITI) Act 2007 and the proposal of the Petroleum
Industry Bill 2012 and the recently passed Petroleum Industry Governance
Bill 2016. However, despite this framework, contentions persist and there is
sparse evidence of sustainable development in host communities to counter
some conclusions of ineffectiveness. This article, therefore, examines some of
the legal framework to determine their contribution or otherwise and potential
towards sustainable host community development.