The Necessity for the Enactment of Surface Damages Act for Oil and Gas Projects in Nigeria

Cranbrook Law Review Volume 10, No. 1 pp. 1-14 , 2020

14 Pages Posted: 3 Mar 2020

See all articles by Professor Kato Gogo Kingston

Professor Kato Gogo Kingston

University of Port Harcourt, Rivers State, Nigeria; Ubelejit Unique Chambers; Achievers University Nigeria

Soibi George-Ibikiri

Rivers State University - Faculty of Law

Date Written: January 2, 2020

Abstract

The prevailing legal position in Nigeria is that, the Federal Government is the minerals interest owner whilst the rights over the surface of the lands are under the control of private individuals and communities. Therefore, it is the Federal Government that grant oil mining leases to the international Oil Companies (IOCs), empowering them to enter into the oil lands using the surface whose rights reside in private individuals. The goal of this article is to explore the legal effects of the subsisting severance in title to the surface and the mineral strata of lands with regards to crude oil production in Nigeria. The article also compared the legal effects of the severance of the land surface and the mineral interest in the United States of America and, Nigeria. The article emphasizes that, the enactment and enforcement of the Surface Damages Act in many States of the United States of America has created an outstanding legal model by which the rights of the owners of the surface of the lands where crude oil are exploited are able to seek redress against the oil companies for breach of such rights. It is therefore, recommended amongst others that, Nigeria should emulate the United States by enacting the Surface Damages Act in order to break the deadlocks of the incessant violence and agitations of the surface owners and communities where oil and gas are being extracted.

Keywords: Oil, Gas, Energy, Surface Damages, Liability, United States, Nigeria

Suggested Citation

Kingston, Professor Kato Gogo and Kingston, Professor Kato Gogo and George-Ibikiri, Soibi, The Necessity for the Enactment of Surface Damages Act for Oil and Gas Projects in Nigeria (January 2, 2020). Cranbrook Law Review Volume 10, No. 1 pp. 1-14 , 2020, Available at SSRN: https://ssrn.com/abstract=3530394

Professor Kato Gogo Kingston (Contact Author)

University of Port Harcourt, Rivers State, Nigeria ( email )

Ubelejit Unique Chambers ( email )

Port Harcourt
Nigeria

Achievers University Nigeria ( email )

Nigeria

Soibi George-Ibikiri

Rivers State University - Faculty of Law

P.M.B. 5080
Port Harcourt, Rivers State
Nigeria

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