Legal regulation as driver for sustainable development of Nigeria’s solid mineral sector

Abstract

The need to optimally explore Nigeria's diverse mineral resource endowments via sustainable value chain practices has, in recent times, been the focus of the Nigerian government and relevant stakeholders. This development has amongst other things, been made a necessity since the decline in Nigeria's crude oil export and earnings, as well as the increased effort and commitment of the government to significantly diversify the economy from reliance on agriculture and the oil and gas sectors. This challenge has directed government efforts towards promoting the exploration of the solid mineral sector, to leverage its opportunities to attract investors and further sustainable development. The concept of sustainable development demands that economic ventures be both viable and environmentally sustainable. As a result of the self-seeking ethos of market economies, it is often necessary for the law to step in to moderate the profit-oriented tendencies of commercial interest. The paper aims to examine the sustainable development of Nigeria’s solid mineral sector through legal intervention. The objectives are to:(i) determine the importance of law to the sustainable development of Nigeria’s solid mineral sector;(ii) ascertain the current provisions of laws and policies in relation to the operation of the solid mineral sector and their impact on the sustainable development of the sector and (iii) make informed recommendations on how to use law as a tool to promote the sustainable development of Nigeria’s solid mineral sector. This study employed a qualitative approach in examining how well the current legal framework governing the solid mineral sector in Nigeria is positioned to promote sustainable development. It was found that the major impediments to the sustainable development of the solid mineral sector in Nigeria are centralization of ownership and resultant alienation of communities, restiveness in alienated communities, poor administrative infrastructure and implementation of laws and policies, and corruption.