The Minister of Solid Minerals Development, Oladele Alake has said that it is unconstitutional for Governors to regulate mining in their respective states.
Alake stated this in Abuja on Wednesday, at a pre-event press conference for the 8th edition of the annual Nigerian Mining Week 2023.
He noted that mining belongs exclusively in the purview of the Federal Adding that if states need to engage in mining activities, they should go through the right process and apply for a licence.
“The states’ ban on mining activities across the country is a point that is really sore. And it’s a constitutional matter. I want to use this opportunity to get to the entire Nigerian public that no state has the authority to interfere in mining operations.
“Mining belongs exclusively in the purview of the Federal Government, according to the Constitution. Every item on the exclusive legislative list belongs to the Federal Government. There is no doubt about that. All items on the residual list belong to the states and all items in a concurrent section belong to both, but mining, like oil, and solid minerals belong in the exclusive legislative, therefore, it is the Federal Government that has the legal authorities.
“Mind you we are not against any state that wants to engage in a mining operation as long as it follows the due process. If any state wants to engage in mining, it can form its own special purpose vehicle, apply for a mining licence from the office of the minister for solid minerals and go through the due process, and be so licensed if it meets all the criteria.”
