Association of Environmental Lawyers of Nigeria

Abstract
Oil and gas activities in Nigeria have contributed immensely to the economic growth and development of Nigeria. The economy of Nigeria is heavily dependent on petroleum activities and operations. Oil pipeline is an aspect of petroleum operations which generates part of the revenue that sustains the nation. Enormous hectares of land are needed for construction of oil pipelines and other ancillary installations. The pipeline companies or licensees need to acquire interest in land for pipeline right-of- way and other installations. The exact portions of land or interest in land acquired by the pipeline companies are determined by the survey plan. The proposed route of pipeline is usually surveyed after the pipeline company has obtained the necessary permit to survey. The survey document usually forms the basis for land acquisition. There are areas which the laws consider sacred or venerated and the pipeline licensee is restricted from entry into such land as burial ground or cemetery, grave, grotto, public roads, dam, or building occupied by government. The acquisition of land or interest in land for the construction of oil pipelines appears to be one of the most difficult challenges encountered by the pipeline companies or operators. This may be due to the perceived deprivation of land rights and fear of inadequate compensation to be paid to landowners or lawful occupiers. The regulatory framework of Nigeria grants the power to Government to compulsorily acquire land or interest in land for construction of oil pipelines. Pipeline is included in the list of public utility under which the Governor of a State can revoke the statutory or customary right of occupancy of any landowner or lawful occupier. However, the law does not leave the landowner or lawful occupier without certain rights. This paper enumerated and analyzed the rights made available to a landowner or lawful occupier whose land or interest in land is required for construction of oil pipelines. It provided information as to the rights of landowners or lawful occupiers in Nigeria as they relate to construction of oil pipelines. The paper employed the use of doctrinal research methodology. The paper espoused and analyzed primary data such as constitutions, statutes, cases, regulations, directives and practice manuals. Also, secondary data such as textbooks, journal articles, online materials as well as newspaper publications were not left out. The author found that even though these rights made available to landowners or lawful are commendable, they are not sufficient to guarantee the property rights and payment of adequate compensation to the landowners or lawful occupiers. The author recommended the amendment of the laws to establish some level of protection to the land rights and payment of adequate compensation to the landowners or lawful occupiers.

DOWNLOAD PDF