During a pre-event press conference in Abuja ahead of the 8th edition of the annual Nigerian Mining Week 2023, the Minister of Solid Minerals Development, Dele Alake, stated that State Governors do not have the constitutional power to ban mining activities in their respective states. The Minister emphasized that mining remains exclusively for the federal government in the Constitution, and therefore, it is not under the purview of a State Governor to regulate the sector’s laws and operations of solid minerals.
Minister Alake cautioned State Governors to desist from taking laws into their own hands to regulate the sector, and he declared it illegal to do so. Additionally, he informed that State Governors are not constitutionally empowered to regulate oil and gas activities. He further elaborated that mining belongs exclusively in the purview of the federal government, as it is in the exclusive legislative list, and every item on the exclusive, legislative list belongs to the federal government.
In conclusion, the Minister urged the Nigerian public to note that no state has the authority to interfere in mining operations, and any such attempt is unconstitutional.
“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.
The nature of solid minerals makes mining operations a unique endeavor that requires close engagement with host communities. The Ministry of Solid Minerals is involved in regulatory frameworks and is actively engaging with host communities to ensure that mining operations are conducted in a responsible and sustainable manner. The licensing process includes provisions for host community engagement, and these communities belong to various states.
It is not against any state’s interest to engage in mining operations, as long as due process is followed. A state can form its own Special Purpose Vehicle (SPV), apply for a mining license from the Minister for Solid Minerals, and be licensed if it meets all the criteria. However, for a state to claim it is regulating mining activities is like a state banning oil exploration. It goes against the law and is an illegal act.