Analytical Study of Indigenous Peoples’ Rights and the Legal Status of Forest Communities in Cross River State Under Nigerian Law

Forest communities in Cross River State in South South Nigeria, including Ekuri, Afi Mountain, and other indigenous communities dependent on forest resources, have faced significant legal challenges to their land rights arising from government concessions, conservation area boundaries, and infrastructure development projects. The legal status of indigenous peoples' rights in Nigeria is contentious, as the 1999 Constitution does not recognise indigenous peoples as a distinct legal category, and the Land Use Act vests land control in state governors. This study analytically examines the legal status and rights of forest-dependent communities in Cross River State, evaluating applicable constitutional provisions, the Land Use Act framework, the African Commission's jurisprudence on indigenous peoples' rights under the African Charter, and comparative analysis from the Ogiek case decided by the African Court on Human and Peoples' Rights in 2022. A doctrinal methodology with empirical case analysis is applied, reviewing the 1999 Constitution, the Land Use Act, Cross River State Forest Law, Community Forest Management Policy, and selected court decisions on community land rights from Cross River State from 2015 to 2023. Available indigenous rights literature from Nigeria identifies the absence of Free, Prior and Informed Consent requirements as the most analytically significant gap in community rights protection. The Indigenous Peoples' Rights Framework and the UNDRIP 2007 provide the normative reference. Findings support recommendations for a Cross River State Community Land Rights Law. Keywords: indigenous peoples' rights, forest communities, Cross River State, land rights, South South Nigeria.