Ownership and Control of Mineral Resources Under the Shariah and Nigerian Statute. A Comparative Analysis
CHAPTER ONE
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.
CHAPTER TWO
LEGAL FRAMEWORK ON OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER THE SHARIAH.
INTRODUTION
It is appropriate that this chapter commence with a clear idea of the meaning attributed by the Islamic law to the term “Mineral Resource”. Before that however, we may first examine the origin, Allah has stated in the holy Quran that the earth and all other thing are creatures of his will and averaged at the beginning as far as are conceive it. The Quran states:
To him is due the primal origin of the heaven and the earth, when he decreed a matter, he said to it. “Be” and it is.11
He proceed in another chapter that land and its content are his gifts to human being, and also he gives as the street, skill and intelligence with which to bring that is inside in to our service. The Quran says: it is Allah, who hath created the heavens and the earth, and Quran al baqarah verse 117 sendeth down rain from the skies, and with it bringeth out fruits, where with to feed you.12
In essence, Allah shows the characteristics of the earth, contents and also its constituents in many verses of the Quran, for example;
And it is He who spread out the earth and bead thereon mountains Standing form, and fruit of every kind, He made in pairs, two and two; He dreweth the night as a rail over the day. Behold, verily in these Things there are signs for those who consider.
And in the earth are tracks [diverse through] neighboring and gardens of Vines and fields sown with corn, palm trees, growing out of single roots Or otherwise, watered with the same water, yet some of them we make more excellent man others to eat. Behold, verily in these things there are signs for those who understand.13
There is no controversy among the Muslim jurists in considering land as ‘al-Aqar ’i.e immovable property. Rather the problem rises on whether the term al-Aqar applies only to the surface of the earth or it proceeds to include all the super-jacent and sub-jacent things such as minerals, building and trees.
- Quran surat Ibrahim verse 32
- Quran surat Ar Rad verse 3-4
However there are two opinions on the issue, the majority which consist of Shafii. Hanafi and Hambali, who opined that attachment of the land are for the possibility of serving them from the land. They relied on the verses of the holy Quran which treat the earth and its attachments separately. The Quran state; it is that ye deny him who creates the earth in two days? And ye join equals with him? He ye the load of [all] the worlds.
He sent on the earth, mountains standing firm, high above it, and Bestowed blessing on earth, And measured there in all things to give them nourishment in due Proportion in four days, in accordance with [other needs of] those who Seek [sustenance] .
While the minority jurists which consist of Maliki jurist opined that attachment of land are part of the land, they went further to argue that the removal of anything of these attachment will lead it to loss its rigidity.
STATE OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER SHARIA.
The shariah being one of the globally recognized legal systems agrees with the majority of the common law countries that the ownership of mineral resources belong to the state. The stand of the law is based on the concept that all property belong to Allah, the creator abinitio, and that man is only a trustee on them. This concept is enshrined in the property law of all countries that adopt Shariah legal system. For example according to the Quran surat Fussilat verse 9-10 Sudanese mining Act1972, the ownership of all minerals lying under the ground or the continental shelf within the boundaries of the Sudan belongs to the state.
CHAPTER THREE
INTRODUCTION
Although, early initiatives to explore for petroleum in Nigeria date back to 1906, it was shell (the royal Dutch consortium then known as shell D. Arcy petroleum) that, on its arrival in Nigeria in 1937, began the search for oil in Niger Delta. Prior exploration activities in Nigeria had been restricted to the to the South West. Shell strict oil in the Niger Delta town of Oloibiri in June 1956 Nigeria formally commenced petroleum production in 1957 and a year later made its first crude oil export (Abe and Ayodele, 1986 : 84). Oloibiri is one of the communities where there exists deep grassroots discontent over petroleum exploitation and in particular over issues of land expropriation and compensation.
Prior to Nigeria’s independence (1960) shell enjoyed almost complete monopoly of the upstream petroleum sector. It possesses to date the ‘best’ oil fields in the country, and controls most of the crude oil reserves and production (SPDC, 2001:6). This document (mainly onshore) position has not always been positive achievement for shell and in recent years has proved rather ominous for the country. Local youths hero at different times since the early 1990s threatened to expel (and in some places have succeeded in expelling) the company from their territory because of what they regard as shell’s anti –community and explorative operational ethos. The entire regain it self is a study in social and environmental degradation largely on account of petroleum production.
Some competitiveness began to be apparent in the industry from 1960, when more foreign companies (mainly from the united states of America) began to acquire oil exploration concessions in the country, and by the late 1960s, the Niger Delta regain had become a crowded site of upstream petroleum business. Shell, ExxonMobil, Chevron, Agip, total and Phillips currently dominate the Nigeria upstream petroleum sector.
CHAPTER FOUR
INTRODUCTION
Waking on the laudable declaration contained in the concept of permanent sovereignty over natural resources that nations and peoples have control and ownership of all mineral resources located in their territories and which are to be used for the advancement of the overall economic interest and development, and the position of shariah over same as expressed by the various jurist the view, it is now to compare the legal framework of both laws as regards the concept of ownership and control of mineral resources.
COMPARATIVE ANALYSIS OF THE CONCEPT OF MINERAL RESOURCES UNDER THE NIGERIA STATUTE AND SHARIAH
The law giver (Allah) has told us that, all the things in and upon any land are his gifts to mankind in general. In essence, there are many examples in the Holy Qur’an and prophetic traditions to that effect. In other words, Allah has tell us that all the things in and upon any land are His creatures, the Qur’an states:
“it is Allah, who hath created the heavens and earth and send down rain from the sky, and with it bringeth out fruits where with to feed you ………….”
CHAPTER FIVE
CONCLUSION AND RECOMMENDATION
CONCLUSION
It is principle of Islamic law that all wealth belongs to Allah. It is only given on trust to whoever owns it, with an obligation on him/her to administer it as Allah decreed. Authority for this is contained in Quran, where it says:
‘Believe in God and hi Apostle and spend (in charity) out of the (substance) whereof He has made you heirs61”.
Man comes to this world with nothing, he acquires all his wealth in this world and he will leave it here, God therefore says in:
“And in their wealth and possessions (was remembered) the righty of the (needy) him who asks, and him who for some reason is presented (from asking).
RECOMMENDATION
The issue of resources control and allocation of revenue from mineral resources in Nigeria will continue to remain contentious as long as conscious efforts are not made to adopt an all inclusive approach towards the distribution of the revenue. The shariah rule on this has created a level of ownership and control of minerals will go a long way in ensuring that the current bickering between the minerals companies and the communities where they operate will be reduced insignificantly.
In addition to the allocation of revenue from the resources, there is also the need to tie the revenue to specific expenditure on infrastructure with long term benefits spread to all facts of society. Basically because of the nature of mineral resources as a depleting resource.
REFERENCES
- Abdul Azeez Maruf Olayemi Fair compensation to the dwellers of mineral land: whether Zakat al-ma’adin can form the quantum? Accessed on 12/12/2010. Available at http://paper.ssm.com
- Clement IKpa and N.H Ibanga Nigeria mineral resources: a case for resource control Available at http://ww.nigerdeltacongress.com accessed on 20/10/2010.
- Ibrahim R.O Niger delta problem and the shariah antidote http:www.unilorin.edu.ng/journals. Accessed on 12/12/2010
- Madaki O Ameh Ownership and control of mineral resources: can the Brazilian model be used to douse resource control agitation in Nigeria oil producing state? Available at http://www.dundee.ac.uk accessed on 12/12/2010.
- Onah F.E Promotion of economic activities through the development of solid minerals potentials in the state. Available at http://www.cenbank.org/out/publication accessed on 17/09/2010.
- kaniye S.A Ebeku Oil and the Niger Delta people: the injustice of the Land use Act. Available at www. Dundee.ac.uk/cepml/journal/html/vo19/article9-19-html
