RIGHTS TO OIL THEFT AND ILLEGAL REFINERY IN NIGERIA
The reactions of the ethnic communities which have morphed into violent militant groups and ganglands in the Niger Delta region of Nigeria to State and industry control of land and mineral resources require a very close study. A comparative analysis of the current situation in Nigeria with what is obtained in the early days of the European civilization when the challenges of governance and economic crimes were emerging from the womb of the industrial revolution is equally of importance. If sovereignty resides ultimately with the people and the State governs with the consent of the citizens and the ultimate responsibility of the State and business is the welfare of the citizens, a fundamental breach of the social contract leaves the people with the right not only to abolish the State but to sabotage business in social banditry. This paper tries to apply the general principles of the theories of social banditry and social contract to the phenomenon of oil theft and illegal refineries in the Niger Delta region of Nigeria. It employs the comparative, historical and analytical methodology in presentation while relying on secondary materials and doctrinal research method. It argues that the crimes of oil theft and illegal refineries have arisen from the lack of the development of the Niger Delta by both the State and the multinational oil companies and that they are an expression of the rights to resource control by indigenous communities after 50 years of State and industry control of same have failed to yield development on the ticket of the United Nation’s Resolution 1803 of 1962 guaranteeing national sovereignty over natural resources. It finds that they fall within Hobsbawm’s social banditry thesis and that the basic conditions for the abolition of the State under the social contract thesis have been largely met by the economic and socio-legal contexts prevailing in the Niger Delta region of Nigeria.