![]() ![]() Surface rights must pave the way for the exercise of subsurface mineral rights. Surface rights are occupancy rights held by citizens, while subsurface mineral rights are held by the federal government and leased out to companies to exploit the minerals. The citizen whose land is compulsorily acquired by the government in this manner, is entitled to appropriate compensation. Under Nigeria’s Constitution and its substantive land titles legislation (Land Use Act), Nigerian citizens have the right to acquire and own land anywhere in Nigeria, but that right is subject to the federal government’s overriding authority to compulsorily acquire the lands held by citizens for overriding public purposes, with activities related to the mining and transportation of oil, being one of such public purposes. Nigeria’s Constitution and the Petroleum Act vest the federal government with title over oil reservoirs present in the land, the territorial waters and Exclusive Economic Zones of Nigeria. Who holds title over oil reservoirs? To what extent are mineral rights on private and public lands involved? Is there a legal distinction between surface rights and subsurface mineral rights? At what stage does title to extracted oil transfer to the licensee, lessee or contractor? ![]()
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