The Minister of Solid Minerals Development, Dele Alake, cautioned state governors who have imposed bans on mining activities within their states.

He emphasized that no state governor possesses the rightful authority to meddle with mining operations within their states for any reason.

The minister said for a State to wake up and say it is regulating mining activities is like a state waking up to ban oil exploration which is downright illegal.

The Minister emphasized that mining is exclusively within the federal government’s domain as stipulated by the Constitution.

He stated that no governor is constitutionally empowered to enact laws, regulations, or oversee operations concerning Solid Minerals resources.

Alake made these remarks during a pre-event press conference in Abuja for the 8^th edition of the annual Nigerian Mining Week 2023 scheduled from the 16^th to 18^th of October.

He likened a State attempting to regulate mining activities to an illegal ban on oil exploration.

He said: “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 is not it’s a no-brainer. It’s a constitutional matter.

“Mining belongs exclusively in the purview of the federal government, according to the Constitution. It is in the exclusive legislative list. It is not in the residual. It is not in the concurrent it’s in 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 in the exclusive legislative, therefore, it is the federal government that has the authority. Legal authorities as supported by the Constitution make laws regulations and operationalization 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 close with the host communities and the federal government through the Ministry of Solid has been engaging 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.

“Mind you we are not against any state that wants to engage a mining operations as long as it follows due process. If any state wants to engage in mining, it can form its own Special Purpose Vehicle (SPV), apply for a mining licence from the office of the Minister for 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. The State’s Executives, 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.

“I’ve been able to tell them, this is the situation. I’ve also discovered that some are not actually very vast in the 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 added that any case of infringement by miners in a state should be reported to the mines officers in the states or to the Ministry instead of states making improper pronouncements that are not enforceable.

President of the Miners Association of Nigeria (MAN), Dele Ayanleke said the Mining Week coincides with the coming in of President Bola Tinubu who has envisioned a Renewed Hope Agenda in every aspect of our National life.

He said the coming event offers an opportunity for all stakeholders in the industry to formulate policies and programmes for the sustaining management of our resources in a way that would restore the hope of Nigerians. (The Nation)

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