Customary Marine Tenure and the Limits of State-Centric Ocean Governance in Nigeria: A Climate Justice Perspective

This paper interrogates the structural limitations of state-centric ocean governance in Nigeria and advances customary marine tenure as a viable legal framework for achieving climate justice. Contemporary ocean governance regimes in Nigeria remain deeply rooted in colonial and postcolonial legal architectures that prioritise state sovereignty, resource extraction, and administrative control over ecological sustainability and community-based stewardship. These frameworks have proven inadequate in addressing the complex realities of coastal vulnerability, environmental degradation, and climate-induced displacement in the Niger Delta.

Drawing on the theory of legal pluralism, this study examines customary marine tenure as a coherent system of indigenous legal ordering that regulates access, use, and conservation of marine resources through normative principles grounded in community authority, intergenerational responsibility, and ecological balance. The paper argues that the exclusion of such systems from formal governance structures constitutes a fundamental barrier to climate justice.

Adopting a doctrinal and comparative analytical approach, the study demonstrates that integrating customary marine tenure into Nigeria’s ocean governance framework offers a pathway toward more inclusive, equitable, and ecologically responsive legal regimes. It concludes that meaningful climate justice in Nigeria requires a paradigmatic shift from rigid state-centric models to pluralistic governance structures that recognise and operationalise indigenous legal orders.