Advocacy · Take Action

    The Case for Ijaw Restorationis Already Written in Law

    Courts in Arusha, San José, The Hague and London have already recognised what the Land Use Act denies: that ancestral, communal territory is property, and that those who profit from it owe a remedy. This page turns that record into action.

    Three things you can do this week

    Sign the Land Use Act petition

    Back the draft bill restoring customary title and host-community equity, published in full as the appendix to the Viewpoint article.

    Brief your representative

    Send the evidence pack to your National Assembly member, State House of Assembly member, or — in the diaspora — your MP, Congressperson, or MEP.

    Join a diaspora chapter

    Coordinated advocacy needs standing chapters. Find or register your hub in the Ijaw Nation Directory.

    Live Petitions

    Petitions open for signature

    Each petition names the statute it seeks to change and the body that can change it. Add your name through the advocacy desk and we will record your community, clan and chapter with the submission.

    Open

    Amend the Land Use Act (1978) to restore customary ownership

    Repeal the vesting of all land in the State Governor as it applies to ancestral riverine territory, and restore recognised customary title to Ijaw communities.

    Legal basis
    Land Use Act, Cap L5 LFN 2004, ss. 1, 5, 28 and 29(4); 1999 Constitution (as amended), s. 44(3).
    Addressed to
    National Assembly — Joint Committee on Land Reform; Bayelsa, Rivers, Delta State Assemblies.
    Open

    Raise host-community funding beyond the 3% operating-expenditure floor

    Amend the Petroleum Industry Act so host-community trusts are funded on a share of revenue or profit, not 3% of the prior year's operating expenditure, and give communities a seat on trust boards.

    Legal basis
    Petroleum Industry Act 2021, ss. 234–257 (Chapter 3, Host Communities Development).
    Addressed to
    National Assembly; NUPRC; settlor companies operating in Ijaw territory.
    Open

    Fund and complete the UNEP Ogoniland-standard cleanup Delta-wide

    Extend the UNEP remediation methodology beyond Ogoniland to Nembe, Kalabari, Okrika, Bomadi, Ekeremor and Southern Ijaw, with independently audited milestones.

    Legal basis
    UNEP Environmental Assessment of Ogoniland (2011); NOSDRA Act 2006; National Environmental Standards and Regulations Enforcement Agency Act 2007.
    Addressed to
    Federal Ministry of Environment; HYPREP; NOSDRA; operators and their parent companies.
    Open

    End routine gas flaring and enforce the penalty regime

    Publish flare-site data per operator, enforce the Flare Gas (Prevention of Waste and Pollution) Regulations, and remit penalties to the affected communities rather than the federation account.

    Legal basis
    Flare Gas (Prevention of Waste and Pollution) Regulations 2018; Associated Gas Re-Injection Act, Cap A25 LFN 2004.
    Addressed to
    NUPRC; Federal Ministry of Petroleum Resources.
    Jurisprudence

    International legal precedents

    Decided cases from the African, Inter-American, Commonwealth, European and United States systems that support Ijaw claims to communal title, benefit-sharing, remediation and remedy against parent companies.

    SERAC & CESR v. Nigeria

    African Commission on Human and Peoples' Rights, Comm. 155/96 (2001)

    Nigeria was found in violation of the African Charter for oil operations in Ogoniland — the Commission read a right to a general satisfactory environment (Art. 24) and to freely dispose of natural wealth (Art. 21) into the Charter.

    Why it matters for Izon-Ebi: The foundational African-system authority for Niger Delta environmental and resource claims.

    Centre for Minority Rights Development (Endorois) v. Kenya

    ACHPR, Comm. 276/2003 (2010)

    Displacement of the Endorois from ancestral land without effective consultation or compensation violated the Charter; restitution and benefit-sharing were ordered.

    Why it matters for Izon-Ebi: Establishes indigenous restitution and benefit-sharing duties in the African system.

    African Commission v. Republic of Kenya (Ogiek)

    African Court on Human and Peoples' Rights, App. 006/2012 (2017; reparations 2022)

    Eviction of the Ogiek from the Mau Forest breached rights to property, culture, religion and development; reparations including collective land title were ordered.

    Why it matters for Izon-Ebi: A binding African Court judgment ordering collective title — the strongest continental template.

    Mayagna (Sumo) Awas Tingni Community v. Nicaragua

    Inter-American Court of Human Rights (2001)

    Communal indigenous land tenure is protected property even without a state-issued title; the state must demarcate and title it.

    Why it matters for Izon-Ebi: Directly answers the Land Use Act's premise that untitled customary land is state land.

    Saramaka People v. Suriname

    Inter-American Court of Human Rights (2007)

    Resource concessions on tribal land require effective participation, benefit-sharing, and prior independent environmental and social impact assessment.

    Why it matters for Izon-Ebi: The benefit-sharing standard against which the PIA's 3% trust falls short.

    Mabo v. Queensland (No. 2)

    High Court of Australia (1992)

    Rejected terra nullius and recognised native title surviving the acquisition of sovereignty.

    Why it matters for Izon-Ebi: Precedent that a colonial-era vesting statute can be unwound by a court, not only by parliament.

    Delgamuukw v. British Columbia; Tsilhqot'in Nation v. British Columbia

    Supreme Court of Canada (1997; 2014)

    Aboriginal title is a collective, exclusive right to the land itself, proven partly by oral history evidence, and infringement requires justification and consultation.

    Why it matters for Izon-Ebi: Authority for admitting Ijaw oral tradition as evidence of territorial occupation.

    Bodo Community v. Shell Petroleum Development Company

    English High Court, settled 2015

    Shell accepted liability for two 2008 Bodo spills and settled for £55 million, with a cleanup commitment.

    Why it matters for Izon-Ebi: Proves parent-company jurisdiction in England is a workable route for Delta claims.

    Okpabi & others v. Royal Dutch Shell plc

    UK Supreme Court [2021] UKSC 3

    Ogale and Bille claims against the UK parent could proceed in England — a parent may owe a duty of care where it exercises control over a subsidiary's operations.

    Why it matters for Izon-Ebi: Opens the parent-company forum for Ijaw communities directly.

    Four Nigerian Farmers & Milieudefensie v. Shell

    Court of Appeal, The Hague (2021)

    Shell Nigeria was held liable for spills at Oruma and Goi, with the Dutch parent under a duty to install leak-detection systems.

    Why it matters for Izon-Ebi: A Dutch-forum win for Ijaw claimants from Bayelsa and Delta.

    Kiobel v. Royal Dutch Petroleum Co.

    US Supreme Court, 569 U.S. 108 (2013)

    The Alien Tort Statute does not reach conduct occurring entirely abroad absent sufficient US touch and concern.

    Why it matters for Izon-Ebi: A cautionary precedent: US forums require a domestic nexus — plan filings accordingly.

    Legal Consequences of the Separation of the Chagos Archipelago

    International Court of Justice, Advisory Opinion (2019)

    Decolonisation was found incomplete where a territory was detached without the free and genuine expression of the people's will.

    Why it matters for Izon-Ebi: Supports framing internal enclosure as unfinished self-determination, not a domestic land dispute.

    Standards & instruments

    • UN Declaration on the Rights of Indigenous Peoples (2007) — Arts. 26, 28, 32 (land, redress, free prior and informed consent).
    • ILO Convention 169 — indigenous consultation and land rights (not ratified by Nigeria; persuasive standard).
    • African Charter on Human and Peoples' Rights — Arts. 21 and 24 (natural wealth; satisfactory environment). Ratified by Nigeria.
    • UN Guiding Principles on Business and Human Rights (2011) — corporate due diligence and access to remedy.
    • EU Corporate Sustainability Due Diligence Directive — supply-chain duties reaching European operators in the Delta.

    This began as an argument. Make it a case file.

    Every signature, community land claim and documented spill strengthens the evidentiary record that these precedents require.