Mining Host Communities Calls for Separation of Regulatory/Administrative Functions from Ministry of Solid Mineral Development 

Ikechukwu Aleke in Abuja 

The Federation of Nigerian Mining host communities and its civil society partners, have called for the removal of regulatory functions in the mining and solid mineral sector, from the Ministry of Solid Mineral Development to guarantee effective and efficient regulation of the sector. 

The Federation of Nigerian Mining host communities, Global Rights and 17 others, made this call while addressing a press conference on the ongoing amendment of sections of the Minerals and Mining Act of 2007.

Speaking on behalf of 18 others, the Co-chair, Federation of Nigerian Mining host communities, Habibu Wushishi, said the Ministry of Solid Mineral Development is currently saddled with the responsibility of regulation and administration. 

He therefore recommended that these roles be separated, with the ministry solely responsible for the administrative functions under the Mineral and Mining Act while the regulatory function be moved to a unit created at the federal ministry of environment.

He further recommended that the proposed bill amend relevant sections of the principal Act to ensure exploration title holders fully complete Environmental Impact Assessment before mining licenses are granted.

This, Wushishi said is in addition to inclusion of the provision of a five per cent derivative for mining host communities, separate from the 13 per cent allocation to the state recognising their integral role in mineral resource extraction and the need for equitable benefit-sharing.

He also applauded efforts of the National Assembly to introduce legal reforms aimed at ensuring equitable governance of the solid mineral sector, insisting that the proposed amendments to the Act must better serve the interests of all stakeholders, particularly mining host communities, promote sustainable development in the mining sector and contribute to the socioeconomic advancement of our nation.

Noting that the effective regulation is essential to promoting responsible mining practices and safeguarding the environment and the rights of mining host communities, he also recommended the development of artisanal mining regulation code in Nigeria.

He said: “we call for the expansion of Environmental Impact Assessments to Environmental and Social Impact Assessments. In addition to this, we propose that the bill make a provision that compels artisanal and licensed operators to conduct and publish bi-yearly impact reports of their

mining activities as a requirement for their continued mining operations with clear penalties for default.”

Earlier, the Executive Director, Global Rights, Abiodun Baiyewu, said the efforts of the House Committee on solid minerals to amend the Minerals and Mining Act of 2007, is part of an attempt to strengthen the legal and policy frameworks to ensure the equitable distribution of benefits derived from the sector.

According to her, “before the current Minerals and Mining (Repeal and Re-Enactment) Bill, 2023, we had on numerous occasions advocated for the Act to be amended, particularly to reflect the intent of Section 17(2)(d) of the Nigerian Constitution which provides that ‘the exploitation of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented’; and Section 14(2)(b) and (c) of the Constitution which states that the security and welfare of the people shall be the primary purpose of government, and that “the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.”