Sector focus
Community, Land & Local Representation
Host community agreements, land access and on-the-ground counsel for mining, carbon, energy and infrastructure projects and foreign investors.
In Nigeria, a project's licence to operate depends as much on land and community as on federal approvals. Land may be held under a statutory or customary right of occupancy, or informally by families and communities. Host communities expect to share in the benefits. State governments, local government councils and traditional institutions all have roles. When these relationships are not handled properly, projects are delayed, challenged or stopped.
Dealtran works on the ground for project developers and investors across sectors. We document who holds the land, secure access on fair terms, negotiate and draft community agreements, and manage the day-to-day relationship with regulators and local institutions. For foreign investors, we act as local counsel and a single point of contact in Nigeria.
Mining: host community development agreements
The Nigerian Minerals and Mining Act 2007 requires holders of mining leases, small-scale mining leases and quarry leases to conclude a Community Development Agreement with the host community before development begins (sections 71 and 116). Regulation 193 of the Nigerian Minerals and Mining Regulations 2011 and the Ministry of Solid Minerals Development's 2023 Guidelines set out what a CDA must cover and how it is approved and reviewed.
- Identifying the host community and its legitimate representatives, including traditional rulers, community development associations, women and youth groups
- Negotiating undertakings on employment, training, scholarships, infrastructure, local enterprise and environmental protection
- Drafting the CDA, implementation plan and monitoring framework, and preparing it for approval by the Mines Environmental Compliance Department
- Compensation to landowners and occupiers and surface-rent arrangements
- Five-yearly reviews, progress reporting and dispute management, including referral to the Minister where agreement cannot be reached
A bill to amend the Act, including proposals for a fixed share of mineral revenue for host communities and stronger consent requirements, is pending before the National Assembly. It is not yet law. We track its progress for clients.
Carbon projects: consent, benefit sharing and carbon rights
Carbon projects on community or customary land need clear consent and a clear chain of rights before credits can be issued and sold.
- Designing and documenting free, prior and informed consent (FPIC) processes that meet registry standards and buyer expectations
- Benefit-sharing agreements that set out who receives what, when and how payments are governed and audited
- Carbon-rights assignment and land-use agreements with landholders, communities and state governments
- Grievance mechanisms and records that stand up to validation, verification and buyer diligence
Energy and infrastructure: land, right of way and resettlement
Power, pipeline, transmission, road and industrial projects need land and access across many holdings and jurisdictions.
- Land acquisition strategy under the Land Use Act 1978, including acquisition by private agreement and, for public projects, revocation for overriding public interest and compensation
- Right-of-way and wayleave agreements with landholders, communities and state authorities
- Compensation and resettlement planning with valuers and social consultants, aligned with lender standards such as IFC Performance Standard 5 where a project requires it
- Engagement with state governments, local government councils and traditional institutions on consents, permits and community relations
- Permits and consents under the Electricity Act 2023 and applicable state electricity laws, and host community arrangements for upstream petroleum assets under Chapter 3 of the Petroleum Industry Act 2021 where relevant
Local representation for foreign investors
Many investors need a Nigerian lawyer who is present, responsive and accountable before they need a full transaction team.
- On-the-ground counsel in Abuja, available for site visits and meetings across Nigeria
- Preparing, filing and following up applications and correspondence with the Ministry of Solid Minerals Development, the Mining Cadastre Office, the National Council on Climate Change, and state governments and their agencies
- Coordinating surveyors, valuers, environmental consultants and other local advisers
- Written briefings on regulatory changes and on developments affecting a project
- Acting as your legal point of contact in Nigeria while you set up a local entity and team
Who we act for
- Mining companies and titleholders
- Carbon project developers and credit buyers
- Energy, power and infrastructure sponsors and contractors
- Foreign investors establishing a presence in Nigeria
- Funds and development finance institutions that need a local legal view on land and community risk
Land and community work is where many Nigerian projects succeed or fail. We keep it close to the transaction: the same team that negotiates the community agreement understands the joint venture, the offtake and the financing that depend on it.