Nigeria’s Minister of Solid Minerals Development, Dele Alake, on Friday, issued a stern warning to state governments, emphasizing that they lack the constitutional authority to shut down mining sites.
Alake stressed that mining activities fall exclusively under the Federal Government’s jurisdiction, and no state has the power to interfere with mining operations.
“The state governments’ ban on mining activities across the country is a sore point, and it’s a constitutional matter,” Alake said in a statement signed by his Special Assistant on Media, Segun Tomori. “No state, and I repeat, no state, has the authority to interfere in mining operations. It’s a no-brainer, and it’s a constitutional matter. Mining belongs exclusively to the Federal Government.”
Alake cited the Constitution, which places mining on the exclusive legislative list, reserved for the Federal Government. He noted that some state governors require education and enlightenment on the sector’s constitutional dynamics.
The minister’s comments come in response to recent declarations by governors in Gombe and Kogi states, as well as the closure of Segilola Mining Company by the Osun State Government, citing taxation and operational concerns. The governors claim their actions aim to protect host communities from exploitation and safeguard the environment from unregulated mining.
However, Alake countered that indiscriminate closures by state governments risk discouraging foreign investments and potentially triggering divestment by existing companies. “Mining is on the exclusive legislative list. The Ministry of Solid Minerals should be consulted before such disruptive actions are taken,” he asserted.
Alake emphasized that the Federal Government has been promoting investment opportunities in the solid minerals sector globally and cautioned that state-led closures could undermine these efforts.
“If any state wants to engage in mining, it can form its own Special Purpose Vehicle, apply for a mining license, and follow due process,” Alake explained. “But for a state to regulate mining activities is like banning oil exploration – that’s downright illegal.”
The minister’s statement serves as a clear warning to state governments, reiterating the Federal Government’s exclusive authority over mining operations in Nigeria.