Kogi Govt lacks power to suspend mining activities – FMO

The Federal Mines Office in Kogi State has said it is not in any way in collaboration with the Kogi State government regarding the closing down of mining activities in the state.

The Federal Mines Officer (FMO) in charge of the state, Engr B.F. Kuye, disclosed this in a statement to newsmen in Lokoja on Monday.

Newspot recalls that the Kogi State government, last week Thursday, said in a statement that it had suspended all mining activities in the state in order to “have genuine mining data and clean up the sector to minimize or eradicate criminalities in totality.”

According to the statement by the Kogi State Government, “The state will work in accordance with the rules of the game and will collaborate with the Federal Mines Office and the Security Agencies.”

Meanwhile, Engr. Kuye noted that the power to suspend mining activities in the state lies with the federal government, not the state, as spelled out by the constitution of the country.

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“The statement credited to the state government, that it collaborated with the Federal Mines Office to suspend mining operations in the state, has painted our office in a bad light.

“Closing down mining companies in the state is tantamount to killing mining activities in the state, with heavy implications on revenue generation.

“For the attention of our esteemed miners in the state, the Federal Mines Office was never part of the decision to suspend mining operations in any guise. Count us out; we are not aware,” she said.

Kuye clarified that miners in the state should note that the Federal Ministry of Solid Minerals is distinct from the State Ministry of Solid Minerals, stressing that both the federal and state governments have different obligations as stipulated by the enabling laws in mining operations.

Kuye therefore urged the miners to operate within the ambit of the Nigeria Mineral and Mining Act 2007 and its Regulation 2011.

While the Federal Mines Officer urged the state government to resolve issues with any miner found operating outside its interests as defined by the constitution, Kuye said the federal office should not be dragged into any issues between the state and the miners.

“The Federal Mines Office is not saying the state should not tackle the issue of insecurity, but this should not be a reason to shut down mining activities in the state.

“Any company found guilty of harboring thugs or unauthorized armed men should be reported to the Federal Mines Office. Such a company will be handed over to the security agencies immediately for the law to take its course,” she added.

She advised the state government to continue respecting constitutional boundaries for the smooth operation of mining activities in the state.

According to her, the federal Minister of Solid Minerals, Mr. Dele Alake, has repeatedly enlightened stakeholders in various states about their limitations or boundaries in the exercise of power over mining operations.

Kuye added that the Honourable Minister of Solid Minerals, Dele Alake, recently outlined these boundaries clearly, stating, “The operations of oil and solid minerals belong exclusively to the purview of the federal government.”

“The state’s ban on mining activities across the country is out of context. It’s a constitutional matter. I want to let the entire Nigerian public know that no state has the authority to interfere with mining operations.

“Mining, like oil and solid minerals, belongs to the legislative list. Therefore, it is the federal government that has the legal authority, supported by the constitution, to make laws, regulations, and oversee the operationalization of solid mineral resources in Nigeria.

“That is the law. But for a state to wake up and say it is regulating mining activities is like a state waking up to ban oil exploration.”