The Federal Government has made a resounding declaration that state governments lack the authority to regulate mining activities, emphasizing that state-imposed bans on mining are not in accordance with the country’s constitution.
According to The PUNCH, this was stated by the Minister of Solid Minerals Development, Dr. Oladele Alake, on Wednesday during a press conference held ahead of the 8th annual Nigerian Mining Week 2023.
During his address, Alake underlined the constitutional framework which gives the federal government an exclusive right over mining.
He stated, “The states’ 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 is not a no-brainer. It’s a constitutional matter.”
He continued, “Mining belongs exclusively in the purview of the Federal Government, according to the Constitution. It is 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 list.
“Therefore, it is the Federal Government that has the authority; legal authorities as supported by the constitution to make laws, regulations, and operationalization of the solid minerals resources of Nigeria.”
The minister stressed that if states wish to engage in mining activities, they must follow the appropriate process and apply for a license. “We are not against any state that wants to engage in a mining operation as long as it follows the due process. If any state wants to engage in mining, it can form its own special purpose vehicle, apply for a mining license from the office of the minister for solid minerals and go through the due process and be so licensed if it meets all the criteria,” he added.
However, he made it clear that for a state to unilaterally regulate mining activities is akin to a state banning oil exploration, describing it as “downright illegal.”
The minister also revealed that he had met with the chairman of the Nigeria Governors’ Forum and some state governors to address the issue.
Several states, including Kebbi, Zamfara, Taraba, and Osun, have recently imposed bans on mining activities, sparking a contentious debate over the division of authority in this critical sector.
