The issue of illegal mining has long plagued the Nigerian extractive sector, resulting in significant revenue loss for the Federal Government. Minister of Solid Minerals Development, Dele Alake, responded to this challenge by introducing a 2,200-member Mines Marshal, drawn from the Nigerian Security and Civil Defence Corps (NSCDC), to address the issue. While the establishment of this unit is a commendable and constitutional step, effective enforcement will require a collective effort.
Illegal mining has had a pervasive negative impact on the Nigerian State, exacerbating existing insecurity and adversely affecting all sectors of the economy. This insecurity, fueled by illegal miners, has resulted in significant revenue loss and prevented the country from fully benefiting from its abundant natural mineral resources. Nigeria is estimated to be losing around $9 billion annually to illegal mining and smuggling of gold, according to a recent report by the Nigeria Extractive Industry Transparent Initiatives (NEITI).
The existing criminal activities in host communities have prompted the implementation of Executive Orders banning illegal mining by certain governors. Yet, illegal mining remains an intractable and ongoing challenge. In response to this problem, the Mines Marshal, comprising 2,200 NSCDC personnel, was unveiled with the task of combatting theft and other illegal activities surrounding the nation’s mineral resources. Their mandate also includes the eradication of illegal mining and enforcement of national mining laws.
However, the formation of this new body has raised concerns and questions among the Nigerian populace. While some have expressed doubts about the capacity of the Marshals to handle this task effectively, others have questioned the legality and constitutionality of establishing this group within the paramilitary organization. Reservations have been raised regarding potential conflicts between the Governors and the Minister, particularly around land control and authority issues as stated in the Nigerian Security and Civil Defence Corps Act (2007) and the 1999 Constitution.
Legal experts and scholars have expressed contrasting views on the constitutional and legal implications of the new Mines Marshal. Some contend that the establishment of this group is in accordance with the Nigerian Constitution and relevant Acts, citing specific sections of the 1999 Constitution, the Nigerian Minerals and Mining Act, 2007, the Exclusive Economic Zone Act 1978, and the Nigeria Security and Civil Defence Corps (NSCDC) Act 2007 to substantiate their arguments.
In support of this initiative, others have highlighted the necessity for collaboration between the new Mines Marshal and other security agencies to combat illegal mining effectively. Additionally, it is emphasized that the success of the Mines Marshals will require the involvement of all security outfits and patriotic citizens, beyond the responsibility of the Marshals alone.
The introduction of the Mines Marshal is a critical step towards addressing the detrimental effects of illegal mining on Nigeria’s economy, natural resources, and security. However, it will take a coordinated and concerted effort to achieve the desired outcome. Collaboration between different stakeholders and scrupulous monitoring of the Marshals can ensure the effectiveness of this new security initiative.