Nigerian Private Freehold Land and Resource Ownership Charter
Draft for the Restart National Conference after sensitization for Private Property Rights through the Tour of Liberty
Preamble
We, the peoples and communities of Nigeria, do solemnly affirm the spirit of intercultural liberty – the belief that there is something great in every community and culture, and so, they all have the natural and inalienable right to own, modify, and use their cultural, human, and natural resources to prosper and manifest their socio-industrial greatness to their community, nation, and the world. Government, religion, academia, and mass media only exist to support communities and their members, not to dominate, exploit, or erase them. This Charter is to abolish the Land Use Act, end government monopoly over land and minerals, establish a system of private freehold ownership registered at state level, fully bankable, and enforceable in courts, and recognize the right of property owners to defend their person, home, and registered property.
Article 1 – Repeal and Recognition of Freehold Title
1.1. The Land Use Act, enacted by military decree, is hereby repealed.
1.2. All lawful “rights of occupancy” shall convert to private freehold upon registration in the State Land Registry within 5 years.
1.3. Land ownership by Nigerian individuals, families, communities, and companies is equal before the law. No title is subordinate to the state.
Article 2 – Subsurface Ownership and Revenue
2.1. Onshore minerals vest in the host community, to be managed through a registered Community Resource Trust or Corporation, subject to national security, environmental, and safety laws.
2.2. Subject to Conference ratification, 30% of net onshore mineral revenue shall remain with the producing community Trust, 50% shall accrue to the State/Region where the resource is located, and 20% shall go to the Federal Government for national equalization, defense, and interstate infrastructure.
2.3. For this Article, “net mineral revenue” means gross revenue from the sale of minerals, minus royalties, company income tax, and audited operating costs.
2.4. Offshore mineral resources vest in the federal government due to national security and maritime jurisdiction. Yet, subject to maritime safety and international law, 10% of net offshore mineral revenue shall accrue to coastal communities where extraction occurs, to be managed through the Community Trust. 70% shall go to Federal Government, and 20% to State/Region of extraction.
Article 3 – Review and Return of Exploited Onshore Lands
3.1. All onshore lands currently exploited by government or its delegates are subject to review.
3.2. Subject to ratification, rights acquired by force shall return to the host community within 10 years. For lawfully acquired rights, communities shall have a first right of refusal on renewal, with compensation for lawful investments.
3.3. Operations shall continue during the 10-year period to prevent abrupt stoppage and job losses, subject to Article 8 environmental and safety standards.
3.4. An Independent Land Restitution Board shall be established within 6 months. It shall publish quarterly reports, and its leadership shall be replaced for failure to publish.
Article 4 – Rights of the Owner and Transparency
4.1. Owners may use, lease, sell, mortgage, bequeath, and enter joint ventures without prior government approval, subject to registration and post-development compliance with environmental and safety laws.
4.2. Interests in land are transferable and mortgageable. Registration establishes priority against subsequent buyers and creditors.
Article 5 – Public Use and Eminent Domain
5.1. The government shall not take land from owners except for direct public use, defined as infrastructure, utilities, and defense projects open to the public, as determined by a court after hearing from government and land owners.
5.2. Just compensation shall be current market value plus not less than a 25%, paid in cash before possession. Courts have final authority.
5.3. Debt taken by government cannot be repaid with people’s lands or resources. No contract signed without title is valid
Article 6 – Governance, Registration, and Limits of Power
6.1. Each state shall maintain a public, digitized, real-time Land Registry open to land-owners, banks, and courts for titles, leases, mortgages, and transfers. States shall accredit community surveyors and enable bulk registration through communities, to avoid wasting time and cost.
6.2. Local governments may regulate zoning, building codes, environmental permits, and property tax, but shall not grant, revoke, or override ownership.
6.3. States regulate health, safety, and environmental standards. The federal government regulates interstate commerce, defense, and national standards.
Article 7 – Dispute Resolution and Contracts
7.1. Parties may first use community mediation applying customary law.
7.2. Unresolved disputes shall be adjudicated by state High Courts, with appeal to the Court of Appeal and Supreme Court.
7.3. Private contracts for lease, sale, and development are enforceable as property contracts.
Article 8 – Environmental and Safety Standards
8.1. All extraction and development must comply with national EIA laws and state environmental regulations.
8.2. Operators are liable for damage and must post a performance bond for site rehabilitation, released after independent audit.
Article 9 – Cultural Destiny Contest and Purpose of Private Property
9.1. Purpose: Land and resources held under this Charter shall be used to build wealth, industry, technology, agriculture, and culture for Nigerian communities, the nation, and the world, and not just to sell off to foreigners.
9.2. A quadriennial contest shall run at local government, state, and national levels every 4 years, a year before general election. Awards prioritize projects that are Nigerian-owned or majority-controlled, create jobs and technology transfer, manage the environment responsibly, and advance Nigerian culture. Also, awards prioritize projects from communities that have completed 80% registration of communal land within 5 years. States with less than 50% registration are not eligible for national prize.
9.3. Foreign partnership is permitted, but projects that are pure vehicles for foreign ownership and profit repatriation without local value addition do not qualify for recognition or incentives.
9.4. A board of Cultural Destiny Institute shall be inaugurated at the Restart National Conference to direct the events and contests for the continued manifestation of socio-industrial excellence of the communities, local governments and states.
9.5. The contest is to unite and inspire excellence in every community’s socio-industrial education, mentorship, and periodic cultural festivities and exhibitions. After the successful maiden edition, it may extend to incorporate other African countries in order to manifest African unity, identity, and prosperity.
Article 10 – Transition, Distribution, and Binding Effect
10.1. This Charter is enacted as supreme law by the Restart National Conference sitting as Constituent Power of the peoples and communities of Nigeria. It takes effect upon Conference adoption and ratification by referendum of 50%+1 of accredited community delegates at the intradistrict conferences held under each senatorial district, in at least 24 states.
10.2. Upon ratification, Sections 44(3), 315 (5) and Land Use Act, stand repealed. Conforming acts by President, NASS, and State Houses are administrative only and shall be completed within 30 days of the Presidential inauguration. Refusal, delay or conditional amendment is nullity. Operation of Charter is not delayed by non-performance. Any court injunction against its operation is void attempt to overthrow constituent power. Publication by Conference Secretariat in two national dailies and Federal Gazette or any three state gazettes is sufficient gazetting.
10.3. Communities have maximum 5 years to identify, distribute, and register individual and family holdings from communal land. States shall waive fees for first-time registrations arising from this process.
10.4. During the 5-year transition, existing rights under the repealed Act remain valid and registrable. No lawfully acquired rights shall be confiscated without compensation.
Article 11 – Defense of Person, Home, and Property
11.1. The right of every Nigerian to defend their life, family, home, and registered property is inherent and shall not be denied.
11.2. Every registered property owner has the right to possess and use lawful means of defense. This right shall be exercised with licensing, training, and background checks as provided by law. Communities may also form licensed Community Defense Units registered with the State Police Command and State Land Registry. Licensing shall be shall-issue within 90 days for registered owners with no criminal record. Denial must be in writing and appealable to court within 30 days.
11.3. This right shall be exercised in line with Section 33(2) of the Constitution. The State may regulate type of arms, training, and safe storage, but shall not prohibit possession for lawful defense. Prohibited military-grade weapons remain illegal.
