You have no power to ban mining activities, Minister, Alake, tells state governors

State governors have been told point blank that they do not have the power to ban mining activities in their respective states, as it falls under the exclusive legislative list in the Constitution.

The Minister of Solid Minerals Development, Dr Dele Alake, said this during a pre-event press conference in Abuja ahead of the 8th edition of the annual Nigerian Mining Week 2023 slated for October 16-18, 2023 in Abuja.

According to Alake, the governors know that mining remains exclusively for the federal government in the Constitution, hence it is not under the purview of a state governor as far as the enactment of laws, and regulations of operations of solid minerals are concerned.

The Minister, therefore, cautioned state governors to desist from taking laws into their hands to regulate the sector, adding that it was illegal to do so.

He said: “The state’s ban on mining activities across the country 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.

“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.

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“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.”

Alake however pointed out that the ministry was 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 have been able to tell them, this is the situation. I have 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.”

The Minister, however, said that in case of infringement by miners, the expected action is to officially make a report to the Mines Officers in that particular state or the Ministry of Solid Minerals.

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