“State Governments Lacking Authority to Prohibit Mining Activities,” Says Minister

The Minister of Solid Minerals Development, Dele Alake, has asserted that no Nigerian state government possesses the constitutional right to ban mining activities. He made this statement during the 8th annual Nigeria Mining Week held in Abuja. Minister Alake’s comments were made in response to some states signing executive orders to prohibit mining operations.

In June, Governor Agbu Kefas of Taraba State issued an executive order to curtail illegal mining activities within the state. He believed that this order would address security concerns in the region.

Minister Alake stressed that state governments do not have the authority to interfere with mining activities within their respective states. He clarified that mining activities are constitutional matters and are exclusively listed within the federal government’s legislative domain.

“State bans on mining activities across the country are a sensitive issue. It is a constitutional matter. I want to take this opportunity to inform the Nigerian public that no state, and I emphasize, no state has the power to meddle in mining operations. It is a constitutional matter,” Minister Alake emphasized.

He further elucidated that mining activities fall exclusively within the jurisdiction of the federal government and are included in the exclusive legislative list, not within the residual or concurrent lists.

“The federal government owns every item in the exclusive legislative list, with no exceptions. Items in the residual list belong to the states, and those in the concurrent section are shared between both levels of government. However, mining, similar to oil and solid minerals, is within the exclusive legislative list, granting the federal government authority,” he added.

The minister conveyed that the Ministry of Solid Minerals supports states that wish to engage in mining activities, provided they adhere to proper procedures and obtain the necessary licenses. He highlighted the unique nature of solid minerals and the involvement of local and host communities in the regulatory framework of mining operations.

Minister Alake explained that if a state desires to participate in mining, they can establish a Special Purpose Vehicle (SPV), apply for a mining license through the Minister for Solid Minerals’ office, and, upon meeting all criteria, receive the necessary licensing. He stressed that such a state would be treated like any company, individual, institution, or corporate entity in the process. However, a state cannot unilaterally regulate mining activities, as it is analogous to a state attempting to ban oil exploration, which is considered illegal.

Minister Alake noted that the federal government prefers not to engage in confrontations and distractions leading to various infractions and is actively engaging with the states. He has reached out to the Chairman of the Governors Forum and plans to address the National Economic Council (NEC), of which state governors are members, to provide education and enlightenment on the matter.

He emphasized that, despite efforts in education and enlightenment, they must operate within the purview of the law and the constitution, which clearly designates mining activities, solid minerals, and liquid minerals as the sole domain of the federal government.