The Miners Association of Nigeria (MAN) has called on State Governors across the Federation to exercise regard for the Rule of Law by desisting from issuing Executive Orders that negate the provision of the constitution of Nigeria as it relates the regulation of mining activities.
President of the Association, Mr. ‘Dele Ayanleke who made the call in a Press Conference in Abuja, on Tuesday, expressed concern that the Executive Orders issued by the governors of Ebonyi, Osun, Enugu, Cross River and Taraba among others, banning mining activities in the various States were issued against the spirit and letter of the constitution.
While saying that the governors acted in error as they lack the constitutional power to regulate mining activities, he called on the Federal Government to exercise the power bestowed on it by the constitution, and address the challenge of illegal mining across the country.
He explained that ‘shortly after the swearing-in of the new governors, the mining industry started witnessing an avalanche of Executive Orders, banning mining activities in some states like Ebonyi, Osun, Enugu, Cross River, Taraba and others.
Ayanleke noted that the indiscriminate Executive Orders issued by the governors was usurping the functions of constitutionally recognized mining industry regulators, stating that the usurpation is capable of undermining the development of the mining industry.
While saying that the ugly development is not unconnected with the recent administrative transition in most states of the federation, which necessitated changes in the seats of governance, he hailed the efforts of the new governors to address the challenge of illegal mining, but warned that lawless executive orders do not augur well for the country and industry.
The President state: ‘While we appreciate the ambition of the new leaderships in our various States to accelerate socioeconomic development, leveraging on nature’s endowments within their domains, it is no less important to pursue these ambitions within all extant constitutional and legal frameworks in order not to breed anarchy and constitutional crisis that may render their efforts and those of the national government unproductive.’
Expressing dismay at the extent to which the government of Taraba State misused its executive powers, he said: ‘Taraba State Government went as far as setting up a Task Force on illegal mining and deforestation with full authority to arrest, summarily prosecute and sentence anyone found culpable under its own laws.’
‘Miners Association of Nigeria, as the umbrella body of operators and investors in the solid minerals sector value-chain, has never been, neither would it be, in support of illegal mining operations under any guise.’
‘Our resolve to ensure a sanitized mining environment is the reason and motivation for our active collaborations with the Ministry of Mines and Steel Development and its agencies over the years, in the overall interest of our national economy,’ he stated.
He further said: ‘We are, however, of the belief and conviction, that the issue of illegality in the system must be appraised and confronted in the whole. A situation where a group of stakeholders are being stigmatized as the perpetrators of illegality by the holders of coercive machinery of state, is totally unacceptable,’ noting that Section 44 (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and section 1(1) of the Nigeria Minerals and Mining Act (NMMA), 2007, place the ownership of mineral resources and mining regulations in Exclusive Legislative List with enough provisions to address the socioeconomic and environmental concerns of the lower tiers of government.
Ayanleke noted that it is clear that through the various provisions of the above instruments, the Federal Government, through her appropriate agencies, is saddled with the oversight responsibility on any mining and minerals related issues; including, but not limited to, mining titles administration.
He said in view of the above, Taraba State Government, or any other State or LGC does not have the power to determine the legality of any operator, adding that such power resides with the Ministry of Mines and Steel Development or any of its agencies, saddled with the various regulatory functions.
‘Among the 48 so-called illegal miners now in jail in Taraba State, there are seven members of staff of a company with valid Mining Lease, whose operational site was invaded by operatives of the Task Force,’ he noted with concern and called for a review of their cases toward ensuring that the miscarriage of justice is brought to an end.
The Miners President presented certified true copies of documents of AAY International Mining Company to our correspondent, saying; ‘The company in question is a member of the Miners Association of Nigeria with name AAY International Mining Company, with a valid Mining Lease of 25 years tenor and huge investment in exploration, equipment and human capital development.’
He said the Association is not apathetic to the revenue generation drive of our State Governments, and noted that it is advisable that governors be correctly guided by the rule of law which they have put themselves under oath to uphold and defend.
He said in upholding the rule of law, the NMMA, 2007 and the Mining Regulations, 2011, made enough provisions for special vehicles that can be explored by the lower tiers of government and mining communities to benefit from the exploration of the mineral endowments within their domains and contribute to conversations around policy issues for environmental sustainability of mining activities.
