Alake reminds Governors they lack constitutional power to ban mining
Alake reminds Governors all they need do is report mining infractions to Abuja
By Jeph Ajobaju, Chief Copy Editor
Governors by law cannot ban mining activities in their domain despite illegal mining leading to billions of naira being lost yearly by the federal treasury through tax avoidance and illegal exports, Dele Alade has reiterated.
The Minister of Solid Minerals Development made the clarification in Abuja at an event presaging the eighth annual Nigerian Mining Week 2023.
He said Governors know mining remains exclusively for the federal government in the Constitution and is not under their purview as far as the enactment of laws and regulations about solid minerals operations are concerned.
“The state’s ban on mining activities across the court is a point that is really sore. And it’s a constitutional matter. I want to use this opportunity to get to the entire Nigerian public that no state, and I repeat, no state has the authority to interfere in mining operations, no state has the authority and it’s a no-brainer. It’s a constitutional matter,” Alake explained.
“Mining belongs exclusively in the purview of the federal government, according to the Constitution. It is on the exclusive legislative list. It is not in the residual.
“It is not on the concurrent lists, it’s on the exclusive legislative list. Every item on the exclusive legislative list belongs to the federal government.
“There is no doubt about that. All items on the residual list belong to the states and all items in a concurrent section belong to both, but mining like oil and solid minerals, belongs on the exclusive legislative lists, therefore, it is the federal government that has the authority.
“Legal authorities as supported by the Constitution make laws, regulations and operationalisation of the solid minerals resources of Nigeria.
“Now, because of the peculiar nature of solid minerals, because of the involvement of the local communities or the host communities, there is an engagement even in the regulatory framework of mining operations.
“There is an engagement with the host communities and the federal government through the Ministry of Solid Minerals has been engaging with host communities.”
__________________________________________________________________
Related articles:
Solid mineral deposits in Nigeria worth $700b, Alake tells UN audience
FEC greenlights solid minerals regulation policy, illegal mining curb
Smuggling cheats treasury of tax in $3b yearly gemstone exports
__________________________________________________________________
Engagement with host communities
“In fact, in the licensing operations or processes or procedures, there is a provision for the engagement with the host communities. Now these host communities also belong in the various states, Oyedele said, per Vanguard reporting.
“Mind you, we are nothing against any state that wants to engage in mining operations as long as it follows due process.
“If any state that wants to engage in mining can form its own Special Purpose Vehicle, SPV, apply for a mining licence from the office of the Minister of Solid Minerals go through the due process and be so licensed if it meets all the criteria.
“Such a state is like any company or like any individual, institution, or corporate body.
“But for a state to wake up and say it is regulating mining activities is like a state waking up to ban oil exploration, it is downright illegal.
“However, because we don’t want to engage in confrontations and distractions leading to all kinds of infractions, we are engaging the states.”
Educating stakeholders
“The state executives I have been in touch with and 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.
“I have been able to tell them, this is the situation. I have also discovered that some are not actually very vast in constitutional imperatives and dynamics of this sector. And so there’s a need for adequate education and enlightenment.
“However, there is no amount of education and enlightenment that we engage in that would be outside the purview of the law, of the Constitution, and the Constitution is very clear. Mining activities, solid minerals, liquid minerals, all minerals belong in the purview of the federal government.”
Alake explained in case of infringement by miners, the action expected of Governors or other state officials is to make a formal report to Mines Officers in a particular state or the Ministry of Solid Minerals in Abuja.
