Critical Review of Nigerian Mining Act Needed for Sector Sanitisation

The Miners Association of Nigeria (MAN) underscores the significance of a thorough examination of the Nigerian Minerals and Mining Act (NMMA) of 2007 to purify the mining sector. In a conversation with the News Agency of Nigeria (NAN), Mr. Dele Ayanleke, the National President of MAN, emphasized the necessity of addressing an impending constitutional crisis with profound economic consequences in the sector.

Ayanleke stressed the importance of reorienting on how the current provisions of the constitution and the mining act under review could be utilized to tackle existing challenges in the sector. He conveyed the significance of adhering to due process for the review of the act to ensure its efficacy, asserting, “We hold a strong view that the dynamism of human society calls for periodic reviews and reforms of the system. Hence, the legal and regulatory frameworks in the national mining ecosystem, having been in place for close to two decades, call for review. It is imperative that such a review must also follow the due process of the rule of law.”

NAN reported that in 2023, the Minister of Solid Minerals Development, Dele Alake, had proposed the review of the mining law to mandate investors to seek consent from communities before applying for mineral titles. Furthermore, at the Policy Dialogue on Solid Minerals organized by the House Committee on Solid Minerals in February, the chairman of the committee, Jonathan Gbefwi, expressed that the reform aimed to ensure the law aligns with the current realities of the country.

According to Ayanleke, MAN fully supports the ongoing initiatives by the National Assembly and the Ministry of Solid Minerals Development to review the act, urging more robust dialogue as the process progresses. He emphasized the need for this in light of an item in the proposed constitutional review which mentions the involvement of state governments in mining.

In April 2023, the Federal Executive Council approved the proposed bill of Nigerian Minerals and Mining Act, 2023, aimed at revising the law to govern the sector. The new NMMA aims to address key issues within the sector, such as governance and local content, with the hope of formalizing the sector and improving relations with local communities, among other objectives.

The call for a comprehensive review of the mining act by MAN highlights the critical need to address pressing issues within the sector and align the legal framework with current realities. It is crucial for the government, policymakers, and stakeholders to collaborate effectively in this review process to ensure that the mining sector is appropriately regulated and contributes to sustainable economic development.

The thorough review of the Nigerian Minerals and Mining Act is crucial for the purification of the sector and will play a pivotal role in fostering a conducive environment for mining activities in Nigeria.