State Governments are Not Authorized to Ban Mining Activities, Affirms Minister of Solid Minerals Development
The Minister of Solid Minerals Development, Dele Alake, has unequivocally stated that no Nigerian state government is constitutionally authorised to prohibit mining activities. Mr. Alake made this assertion during a pre-press briefing on the 8th edition of the annual Nigeria Mining Week in Abuja.
The minister’s statement comes in response to certain states that have issued executive orders to halt mining operations. For example, in June, the governor of Taraba State, Agbu Kefas, signed an executive order to cease illegal mining activities in the state. Governor Kefas stressed that the order was intended to address security challenges and strengthen the state’s regulatory framework in cooperation with relevant agencies.
Elaborating on this, Mr. Alake explained that mining activities fall under the purview of the federal government’s exclusive legislative list. He declared, “State ban on mining activities across the country is a really sore point. And it is a constitutional matter. I want to use this opportunity to get to the Nigerian public that no state, and I repeat, no state has the authority to interfere in mining operations, no state has the authority. It is a constitutional matter.” According to him, the federal government possesses sole authority over mining activities as stipulated in the constitution.
Furthermore, the minister advised states interested in engaging in mining activities to establish their own Special Purpose Vehicle (SPV), apply for a mining license, and undergo the necessary procedures following the due process. He emphasized that such initiatives must adhere to all specified criteria as required for any company or individual.
Mr. Alake also underscored the importance of involving local communities in the regulatory framework of mining operations. He highlighted the Ministry’s efforts to collaborate with host communities, as they play an integral role in mining operations. The minister reiterated that unless a state adheres to the constitutional and legal provisions, any attempt to independently regulate mining activities would be deemed unlawful.
To mitigate potential conflicts and ensure compliance, the minister indicated that the federal government has been engaging with states and providing education and enlightenment to state governors. He added, “I have been in touch with the chairman of the governors forum and I am going to address the National Economic Council (NEC) of which state governors are members to educate the states. I have also engaged quite a number of governors individually, some have come to visit me here.”
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