By Yange Ikyaa
The Federal Ministry of Mines and Steel Development has allayed the fears of miners or mining companies across the country that are fully registered by relevant regulatory authorities that the proposed ban on mining activities by the Federal Government aimed at curbing insecurity nationwide will not in any way affect them.
This was contained in a statement signed by the Director of Press and Public Relations in the Ministry of Mines and Steel Development, Mr. Etore Thomas, and made available to newsmen. The statement also clarified that mineral resources remain on the Exclusive Legislative List, as enshrined in the 1999 Constitution (as amended).
Section 44(3) of the Constitution states that “The entire property and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the Federation and shall be managed in such manner as may be prescribed by the National Assembly.”
However, this is not the only statutory provision that vests such mining regulatory powers in the Government of the Federation, as the Nigerian Minerals and Mining Act of 2007 is also very clear on the issue of minerals ownership and exploitation within Nigeria.
According to Section 1(1) of the Act, “The entire property in and control of all Mineral Resources in, under or upon any land in Nigeria, its contiguous continental shelf and all rivers, streams and water courses throughout Nigeria, any area covered by its territorial waters or constituency, and the Exclusive Economic Zone is and shall be vested in the Government of the Federation for and on behalf of the people of Nigeria.”
According to the statement from the Ministry, “It is in line with this, that the Ministry which is saddled with the responsibility of advising government on the formulation and execution of laws and regulations guiding Mining, among other duties has deemed it necessary to clarify that the measures being considered by the Security Council, are targeted to cut-off sources of funding and logistics, which terrorists have leveraged to execute their nefarious activities, although government is yet to take decision on the matter.
“To this end, the Ministry wishes to inform the public that for the safety and security of the country, efforts are being intensified against illegal mining activities across the country, as this has been established to have connections with banditry and kidnapping.
“The additional measures that may be taken are therefore targeted at the activities of illegal miners and not legitimate operators in the Sector.
“The Ministry, therefore, advises duly registered Miners to continue with their operations, while adhering to safe mining protocols and ensuring that security is given priority in their various sites.