Alake tells governors: You have no right to ban mining activities.

Alake tells governors: You have no right to ban mining activities.

•Says mining is on Exclusive List

Solid Minerals Development Minister Dele Alake has told governors banning mining activities in their states that they lack such a right.

The minister likened a state regulating mining activities to the banning of oil exploration by any other entity other than the Federal Government.

Alake disclosed this yesterday in Abuja at a pre-event media briefing on the eighth edition of the annual Nigerian Mining Week 2023 to be held from October 16 to 18.

He said: “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 like oil, solid minerals belong in the Exclusive Legislative. Therefore, it is the Federal Government that has the authority, the legal authority, as supported by the Constitution, to make laws, regulations, and operationalisation 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 Mineral Development, 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.

“Mind you, we are not against any state that wants to engage in 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 Development and go through the due process and be so licensed, if it meets all the criteria, 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.

“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’ve been able to tell them: this is the situation. I’ve 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.”

Miners Association of Nigeria (MAN) President Dele Ayanleke said the mining week would coincide with the coming in of President Bola Tinubu, who envisioned a Renewed Hope Agenda for every aspect of the nation’s life.