The Interaction Between Petroleum Law and Customary Land Law in Nigeria: A Theoretical and Empirical Inquiry

This study develops an original theoretical and empirical account of the interaction between Nigerian petroleum law and customary land law, arguing that the systematic subordination of customary land rights to petroleum tenure has generated a structural injustice that fundamentally shapes community-state-company relations across oil-producing Nigeria. The Land Use Act 1978, which vests all land in the state and grants the federal government prior rights for petroleum purposes, was designed to facilitate petroleum extraction but has had profound consequences for customary land tenure security. The research employs a mixed methodological approach combining doctrinal analysis of the Land Use Act, petroleum licence instruments, and 45 relevant court decisions from 1985 to 2024, with empirical fieldwork involving 90 in-depth interviews across communities in the South South, North Central, and South East zones. Theoretical engagement draws on legal pluralism theory, property rights theory, and customary international law on indigenous land rights. The study constructs an original legal pluralism framework for petroleum land governance in Nigeria and proposes model legislative amendments to the Land Use Act and PIA 2021. These contributions advance both property law and petroleum law theory in Nigerian and African contexts. Keywords: petroleum law, customary land law, Land Use Act, legal pluralism, Nigeria.