It’s unconstitutional for states to regulate mining, says FG

The Federal Government, represented by the Minister of Solid Minerals Development, Dr. Oladele Alake, has unequivocally stated that state governments lack the authority to regulate mining activities. Dr. Alake emphasized that state-imposed bans on mining are both illegal and inconsistent with the constitution.

This assertion was made during a pre-event press conference in Abuja, which preceded the 8th annual Nigerian Mining Week 2023 scheduled from Monday to Wednesday. Dr. Alake stressed, “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 convey to the entire Nigerian public that no state, and I repeat, no state, has the authority to interfere in mining operations. No state has the authority, and it’s not open to debate. It’s a constitutional matter.”

He went on to clarify that mining activities fall exclusively within the jurisdiction of the Federal Government, as dictated by the Constitution.

This authority is explicitly outlined in the exclusive legislative list, not within the residual or concurrent lists. Dr. Alake reaffirmed that every item on the exclusive legislative list is the prerogative of the Federal Government, without any room for doubt.


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