Th is paper has highlighted the similarities in the violent confl icts that occurred in
the palm-oil era and those aff ecting the crude-oil industry presently. It analysed
the theoretical basis of the confl icts that occurred in both periods within a social
justice framework. It posited that fundamental causes of the confl icts might be
explained within the normative principles of recognition, which is fundamental
to social justice. Th e role of cultural identity as the basis of violent confl icts particularly
in the Niger Delta and the import of recognition as the fundamental
basis to resolve the prior confl icts was highlighted. Th e paper thus suggests, based
on the correlates in the violent confl icts of both eras, that recognition – which has
become a strong basis of the present confl icts – must be the core of any initiatives
billed to restore sustainable peace to the region. Th is is manifest in the present
crisis wherein the host-communities have become increasingly militant as a result
of their perceived marginalisation, both politically and ethnically. 47 Th e role of
law in determining ‘recognition’ and consequent identity-based confl icts is evidenced
in the contemporary confl icts in the Niger Delta. Simply put, the misrecognition
of the host-communities aff ects their participation in the industry they
host. 48 As Ostrom noted, in complex situations such as Nigeria’s oil industry, the
solution does not lie simply in ownership arrangements but governance solutions
that provide for participation in collective decisions and make confl ict resolution
available for involved actors. 49
Consequently, it is suggested that the legal framework regulating Nigeria’s oil
industry laws, which perpetuates the ‘asymmetrical relationship’ between the
industry and the host-communities, must be reviewed. Such review must take
into consideration the ‘recognition’ of the host-communities to promote their
participation in the industry with a view to sustainable peace and development of
the resource and region. While it is not possible to highlight the full extent of
reviews due to the sheer scope of laws and regulations involved, the paper specifi -
cally suggests that the Land Use Act be repealed. Th e reasoning behind this is that
the Act is the fi nal act that ceased to recognise host-communities as having participatory
rights in the oil industry. Th e Act, which transferred the ownership of
land hitherto held by the communities to the government, also impinges on their traditional beliefs on their cultural identity that is linked to their ancestral land. 50
Also, it has other eff ects that determine ‘distribution’ and ‘participation’, such as
the determination of compensation and access to justice, that further emphasise
the lopsidedness of the regulatory framework. It is argued that the repeal of the
Act and a return to the pre-1978 system of landholding is an essential palliative
measure to cure the ills caused by the many years of neglect, marginalisation and
deprivation. 51 However, the diffi culties in actualising this suggestion are appreciated,
particularly the fact that the Act is annexed to the Constitution. Th ere is
also the fear that this may set a precedence in the country where some sections
may revert to extra-legal means to derive a similar outcome regarding regulations(s)
they believe are unjust.
Th us, in the alternative to the repeal of the Act, it is suggested that community
consultation and participation must be a contractual prerequisite for oil companies
operating in the region. Particularly, a compensation framework to ensure
timeliness and adequacy must be integrated into the oil industry. It is noteworthy
that the new National Oil Spill Detection and Response Agency (NOSDRA) is
reportedly developing specifi c guidelines to address spillage management and
compensation. It is strongly believed that a comprehensive review of the regulatory
framework with emphasis on inculcating the recognition and participation
of the host-communities will tackle the incidences of violent confl icts which
Nwabueze has described as covert processes, gestation and brazen expression of
revolt and rejection of structures and institutions of state power and authority.