State Governors Lacking Authority to Prohibit Mining Activities, Says Minister Alake

By Daniel Edu

Dele Alake, the Minister of Solid Minerals Development, has issued a stern warning to state governors, stating that their attempts to ban mining operations within their regions are unlawful.

According to Alake, state governors do not possess the legal power to prohibit mining activities since the mining sector falls under the exclusive legislative list, which is solely under the jurisdiction of the federal government. He emphasized that such a ban is equivalent to prohibiting oil exploration and is not within the constitutional purview of any governor.

These remarks were made during a pre-event press conference held in Abuja in anticipation of the 8th annual Nigerian Mining Week 2023, scheduled from October 16th to 18th.

In light of this, Minister Alake proposed an alternative for state governors interested in fostering mining within their states. He recommended the establishment of Special Purpose Vehicles (SPVs) and encouraged these governors to approach the Federal Ministry of Solid Minerals to obtain mining licenses, a procedure akin to that followed by any other mining company.

Alake stressed the constitutional nature of the issue, stating, “The state’s ban on mining activities across the court is a point that is really sore. And it’s a constitutional matter.” He underscored that mining, like oil and solid minerals, falls within the exclusive legislative list, implying that only the federal government holds authority over it.

To ensure that the states remain compliant with the law, Alake noted that he has been engaging with state governors individually, through the Governors’ Forum chairman, and within the National Economic Council (NEC). He intends to address the NEC to provide clarity on the legal position of mining activities in the country.

In conclusion, Minister Alake emphasized the need for education and enlightenment on the constitutional imperatives related to mining. He urged state governments to report any cases of infringement by miners to the relevant authorities, rather than making unenforceable pronouncements.