-Declares the Process Must Follow Due Procedures.
-Highlights Constitutional Authority
In a significant development, the Federal Government, represented by the Minister of Solid Minerals Development, Dr. Oladele Alake, has expressed its readiness to collaborate with states on mining activities.
Dr. Alake emphasized that states interested in mining could create Special Purpose Vehicles (SPVs) for operations and apply for licenses to ensure adherence to due processes.
He made the pledge during a pre-event press conference held in Abuja in anticipation of the 8th annual Nigerian Mining Week 2023, where he underscored the importance of states following legal procedures when engaging in mining activities.
He also clarified that no state has the authority to regulate mining operations independently, as it falls under the purview of the Federal Government. However, he stressed that the Federal Government aims to work collaboratively with states, educate them on the correct procedures, and ensure lawful mining activities.
He stated, “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 to make laws regulations and operationalization of the solid minerals resources of Nigeria.”
The minister reiterated, “Mind you, we are not against any state that wants to engage in mining operations 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 go through the due process, and be so licensed if it meets all the criteria.”
Dr. Alake emphasized that banning mining activities at the state level is not in alignment with the Constitution and is deemed illegal. Rather, the Federal Government encourages states to collaborate and engage in mining operations within the framework of the law.
He continued, “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.”
In conclusion, he conveyed the Federal Government’s willingness to engage with states and educate them on the proper procedures for mining activities. It was noted that discussions have already taken place with the Chairman of the Nigeria Governors’ Forum and certain state governors to address these issues.
Recent bans on mining by states such as Kebbi, Zamfara, Taraba, and Osun have raised pertinent questions regarding the regulatory authority in the mining sector, prompting the need for collaborative efforts between the Federal Government and state authorities.