Sovereignty and Jurisdiction Over Offshore Natural Resources in a Federal State: a Case Study of Nigeria

Abstract

In most federal states, the quest for component littoral states’ hegemony over vast mineral deposits within their territories is not necessarily novel and has been a source of political activity and litigation in many jurisdictions. The Supreme Court of Nigeria was confronted with the same issue for the first time in Attorney-General of the Federation v. Attorney-General (Abia) & Ors [hereafter called “Resource Control Case”]. The Court, however, reaffirmed the federal government sovereignty and jurisdictional control over the vast resources located in the offshore and adjacent continental shelf of littoral states. This judgement, however, has deep-seated implications for municipal maritime law, constitutional law, seaward boundary, revenue allocation, inter-governmental relationship, and federal structure including geopolitical co-existence, national peace and security. It also raises important issues concerning the efficient and beneficial division of resources within the federal union of Nigeria. Because of the socio-economic and political importance of Resource Control Case to many littoral states, the judgement of the Court has elicited much criticism from political and legal commentators. This paper discusses the ownership and jurisdictional issues associated with offshore natural resources in a federal state with particular socio-economic implications for Nigerian State.