This chapter examines the property rights over petroleum in situ between the federal, state, and local governments in a federation. It also discusses the legal character of the various property rights given to companies for exploration and development under the various petroleum licences and leases, production-sharing contracts, pure service contracts, joint ventures, and other petroleum arrangements, as well as the rights of communities where petroleum exploration and production activities are carried out. The chapter focuses particularly on developing countries, although, where necessary and relevant, comparisons are made with more developed economies.

Nigeria is an oil rich country, endowed with both conventional and renewable energy sources. Electricity generation in Nigeria is dominated by oil and gas. The use of renewable energy in the power sector has not been promoted, despite Nigeria's abundant renewable energy potential. Using the law to integrate renewable energy into the Nigerian power sector will promote energy security and access, a clean environment and economic development. This article argues that the benefits of renewable energy outweigh its negative environmental and social impacts, also when compared to oil and gas. It posits that creating a law for the promotion of renewable energy in the power sector will enhance the benefits of renewable energy. Therefore, there should be affirmative law to support renewable energy and provide for a framework for ensuring that other laws do not constitute barriers to the deployment of renewable energy in the power sector.

This article examines the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) that appear to be in tune with the tenets of sustainable development, which has received much attention at both international and municipal levels. It was found that the relevant aspects of the Constitution on sustainable development are contained in Chapter Two of the Constitution under the fundamental objectives and directive principles of state policy, which include environmental, economic and social objectives. The constitution provides for their non-justifiability to the effect that the court shall not entertain any question on implementation of the objectives. Therefore, constitutional basis for sustainable development in Nigeria has been whittled down. It is contended that given the importance of sustainable development to the well-being of Nigerians and the future generations, it is expedient that the provisions of Chapter Two of the constitution relevant to sustainable development be made justiciable in Nigeria.

R enewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and promote investment in renewable energy is a major challenge. This article investigates the barriers to promotion of investment in renewable electricity in the country. These barriers include the lack of unison and clarity of roles for institutions relevant to the promotion of renewables, high cost and lack of funds, inability of consumers to bear the cost of subsidies, lack of priority access and connection to the grid, short licensing duration, and lack of adequate and reliable information, which consumers, investors and the government can rely upon. To address these concerns, and to make investments in the renewable energy sector more favourable, there is the need to develop an effective legal framework that addresses barriers to investment in renewable electricity. This article presents insights on how the law can be used as an instrument for realizing the development of renewable electricity in Nigeria.

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