Alake to governments: It is not within your purview to forbid mining activity

Governors do not have the constitutional right to impose mining activity restrictions, according to Dr. Dele Alake, Minister of Solid Minerals Development.

Before the 8th annual Nigerian Mining Week 2023, which is scheduled to take place in Abuja from October 16 to 18, 2023, Alake revealed this at a pre-event news conference in the Nigerian capital of Abuja.

He emphasised that the governors are aware that mining is still solely a federal responsibility under the Constitution and that, as a result, mining operations are not subject to state governor authority to establish laws or other regulations.

In light of the fact that doing so is against the law and that they lack the constitutional authority to oversee oil and gas activity, the Minister warned State Governors to refrain from enacting laws to control the industry.

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The state’s prohibition of mining operations within the court, he continued, is a particularly irksome issue. Furthermore, it concerns the constitution. I want to take use of this occasion to convey to the entire Nigerian population that no state, and I repeat, no state, has the ability to meddle in mining operations. The issue involves the constitution.

The Constitution states that the federal government should be solely responsible for mining. It is included on the exclusive legislative list. Not in the residue, unfortunately.

It is listed under the exclusive legislative list; it is not under the concurrent. Every item on the exclusive legislative list is owned by the federal government.

“That is beyond a shadow of a doubt. All things on the residual list and all items in a concurrent section belong to the states and both, respectively, but mining-related products, such as oil and solid minerals, belong in the exclusive legislative, so the federal government has the power.

“Legal authorities, with the Constitution’s support, enact laws, regulations, and operationalize Nigeria’s solid mineral resources.

“Now, due to the particular properties of solid minerals and the participation of the host communities, there is engagement even in the regulatory framework of mining activities.

In reality, a provision for interaction with host communities is included in the licencing operations, processes, or procedures, according to the federal government, which has been working with host communities through the Ministry of Solid. Now, these host communities are legitimately a part of the numerous states.

But he made it plain that, “Mind you, we are not against any state that wants to engage in mining operations as long as it follows due process,” he added.

“Any state that wishes to engage in mining may do so by creating its own Special Purpose Vehicle, SPV, submitting an application for a mining licence to the Office of the Minister for Solid Minerals, following the proper procedures, and, if it meets all requirements, receiving the licence. Such a state is comparable to every corporation, as well as every person, group, and organisation.

But for a State to suddenly declare that it is controlling mining activities is illegal, just like a State suddenly declaring that it is forbidding oil exploration.

But we are talking to the states because we don’t want to get into arguments and distractions that could result in a variety of transgressions. I’ve spoken with the head of the governors forum, and I’m going to speak to the National Economic Council (NEC), a group that includes state governors, to inform the states. State executives, I’ve spoken with the head of the governors forum. Numerous Governors have also been personally engaged by me, and some have even travelled to visit me in this location.

“This is the circumstance, I was able to let them know. I have also found that some people don’t actually have a very broad understanding of the dynamics and requirements of the Constitution in this area. The requirement for proper education and knowledge is therefore present.

“However, no amount of teaching and enlightenment we engage in would be outside the scope of the law, of the Constitution, and the Constitution is very explicit. The federal government should be in charge of mining operations and all mineral products, solid and liquid.

Meanwhile, the Minister stated that in the event of a miner infraction, a formal report should be made to the mines officers in that specific State or the Ministry of Solid Minerals.

Earlier, Dele Ayanleke, President of the Miners Association of Nigeria (MAN), stated that the Mining Week is in line with President Bola Tinubu’s agenda of “Renewed Hope” and provides the industry with a number of chances.

The Mining Week, according to Ayanleke, offers young Nigerians a fresh outlook on the future.

“Among many other compelling factors is also the fact that Nigeria has suddenly become a beautiful bride of the world with the discovery, in abundance and fine grades, the critical minerals needed for the global energy transition in addition to the global dwindling fortunes of oil as a source of energy and a revenue earner.

Due to the interaction of these and numerous other unobserved circumstances, the upcoming event presents a wide range of chances to all parties involved in the Nigeria Project. The first of these is a chance for our regulatory agencies to come up with concepts for policies and programmes for the sustainable management of our resources in a way that will restore Nigerians’ faith in the country’s ability to serve its people through the enlightening discussions that will take place during the various dialogue sessions, which will be fueled by experts and prosperous investors drawn from both domestic and foreign actors.

Similar to this, the various technical workshop sessions will give our teeming youth population new hope in the ability of their fatherland to provide them with legal means of subsistence and wealth creation, freeing them from The Japa Syndrome and the unholy spirits of cybercrime and banditry, which respectively constitute brain drain and a threat to our national life.

“To our peers in the operational wing of the industry, this event will broaden our perspectives on the newest technologies and business relationships with global players, which will significantly help us scale up our games and raise the rates of returns on our investments in the future.

“And finally, for now, to our technology and service providers, you are open to a very robust platform in this year’s edition, to market the latest innovations from your arsenals that will assist Nigeria and Nigerians in harnessing our natural endowments for our common good,” he said.