States Have No Authority to Regulate Mining – FG Echoes the Constitution
The position of the Federal Government has been unequivocally stated regarding the authority of state governments to regulate mining activities. Dr Oladele Alake, the Minister of Solid Minerals Development, has emphatically asserted that the imposition of mining bans by states is unconstitutional and not in alignment with the constitution. During a press conference held in Abuja, Minister Alake underscored that mining activities exclusively fall under the purview of the Federal Government as explicitly outlined in the Constitution.
The minister emphasized that any state seeking to engage in mining must adhere to due process by applying for a licence. It was clarified that the Federal Government’s intention is not to confront states but rather to educate and engage them on the proper procedures. Minister Alake disclosed that he has engaged in discussions with the chairman of the Nigeria Governors’ Forum and certain state governors to address this matter.
A report by The PUNCH indicated that states such as Kebbi, Zamfara, Taraba, and Osun had recently implemented bans on mining. In response, the Kebbi State Government explained that their temporary ban on illegal mining was intended to regulate activities and obtain accurate data. Similarly, the Zamfara state government cited security challenges as the reason for their temporary ban on mining activities.
Consequently, the Minister of Solid Minerals Development has issued an ultimatum to all illegal miners to join mining cooperatives or face legal consequences. However, an additional 30-day grace period has been allotted to accommodate these miners. Furthermore, any mining company that breaches community development agreements or fails to comply with necessary regulations may jeopardize their licences.
The Nigeria Extractive Industries Transparency Initiative (NEITI) has reported that numerous mining companies have not adhered to environmental standards during their operations. NEITI has recommended that the Ministry of Solid Minerals and the Mining Cadastre Office establish a framework to monitor compliance with the terms of the Mineral and Mining Act 2007 and the Minerals and Mining Regulations, 2011, and impose appropriate penalties for non-compliance.
In summary, it is evident that the regulation of mining activities falls within the exclusive authority of the Federal Government. While states may have valid reasons for imposing bans, it is essential that they adhere to constitutional provisions and engage in meaningful dialogue with relevant federal authorities. Given the significant role of the mining sector in the Nigerian economy, collaborative efforts between the federal and state governments are imperative to ensure that all mining activities are conducted in accordance with the law.
