The minister of solid minerals development, Dele Alake, yesterday declared that state governors have no legal authority to ban or regulate mining activities in their states without recourse to the federal government.
The minister said the regulation of all minerals under the soil, both hydrocarbons and solid minerals, are in the Exclusive Legislative List of the constitution, which falls under the authority of the federal government.
Alake made this clarification while answering questions from journalists ahead of the 8th Nigeria Mining Week event coming up from October 16-18, this year.
He, however, said that in order to avoid confrontation his ministry had elected to engage with state governors under the aegis of the Nigeria Governors’ Forum (NGF) and with individual governors – where necessary – to resolve any issues that may arise regarding mining activities in their states.
According to him, the federal government, through the ministry’s departments and agencies, engages directly with mining host communities in states.
Alake, however, stated that if the state government had any issues with mining in their states, they are to communicate with the federal government through the minister of solid minerals or report to the police in their states which is also an agency of the federal government.
“States that want to engage in mining ventures must follow due process: they can set up special purpose vehicles (SPVs) and apply for mining licences just like individuals and companies. However, all minerals under the surface of the earth are under the purview of the federal government and states should steer clear. It is a constitutional matter.
“If there is mining infringement in the state, it is not for governors to unilaterally announce bans. What he should do is report to the minister who will activate the control measures,” he added.
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