The House of Representatives is set to commence investigations into the non compliance of Mining Operators with the provisions of the Minerals and Mining Act, potentially impacting communities and revenue streams.
The House of Representatives has mandated the Committee on Solid Minerals Development to conduct an immediate and thorough investigation into the non-compliance of mining operators with the Minerals and Mines Act, 2007, and the Explosives Act.
The investigation will include physical inspections of mining sites and a comprehensive review of the practices and effectiveness of regulatory bodies overseeing mining operations, with a focus on identifying areas of complacency and recommending necessary reforms to enhance their capacity and accountability.
The House further urged the Ministry of Solid Minerals to launch public awareness campaigns educating citizens on their rights under the Minerals and Mines Act and available reporting mechanisms for non-compliance and environmental violations.
These resolutions followed the adoption of a motion by Rep. Gaza Gbefwi (SDP, Nasarrawa) on “the need to investigate non-compliance to the Provisions of the Minerals and Mines Act, 2007 and the explosive Act.”
Addressing the unlawful conduct of mining operators in the country, Gaza highlighted that the negligence and inaction in addressing these violations have eroded public trust emphasising that these ugly trends can lead to a breakdown of law and order amongst the affected communities if left unchecked.
What does the law say about mining operations?
The Minerals and Mining Act, 2007 is Nigeria’s primary legislation governing the exploration, extraction, and management of solid minerals. It establishes the legal framework for mineral ownership, licensing, environmental protection, and community rights.
Key provisions include:
- Licensing & Regulation: Mining operations require government-issued licenses, including exploration, mining leases, and quarry permits.
- Revenue Transparency: Mining operators must adhere to royalty and tax obligations, ensuring government revenue from mineral resources.
- Environmental & Social Compliance: Companies are mandated to conduct Environmental Impact Assessments (EIA), restore mined areas, and engage host communities.
- Local Content & Employment: The Act promotes local participation by prioritizing Nigerian-owned businesses and employment opportunities.
- Community Rights and Compensation: Mining lease holders must compensate owners or lawful occupiers of land for the revocation of their rights to use the land. Communities where it has been their custom to win salt, potash, or soda may continue to do so.
Similarly, the Explosives Act governs the use, storage, and transportation of explosives in mining and other industrial applications. It ensures safety, prevents misuse, and mandates strict adherence to handling regulations.
Additionally, the Act expressly outlines several consequences for mining operators who fail to comply with its provisions some of which include revocation of mineral title, penalties and fines, suspension of operations, legal actions and community development agreements among others.
These Acts were enacted to ensure sustainable mining practices, protect the environment, and uphold the rights of local communities. However, it has become increasingly evident that many mining operators have failed to adhere to its provisions which reveals an alarming level of complacency exhibited by regulatory bodies in addressing these violations. This blatant complacency has given rise to concerns across various quarters.
Basis for the motion
In 2024, many Nigerians lost their lives in several incidents which includes massive explosion in Bodija area of Ibadan, Oyo State, resulting in property damage and five deaths, a mining collapse in Niger state, and a building collapse in Plateau State due to improper reclaimed mine tunnels.
There have also been complaints from host communities on the administration of consent as well as poor, negligible and non-compliance with Community Development Agreements (CDAs), leaving the host communities with the short end of the stick.
Rep. Gaza emphasised the crucial role of regulators in enforcing compliance and ensuring ethical, sustainable mining activities. He lamented that the recorded cases stated are just a few out of numerous mining accidents which has resulted in fatalities, injuries and damages to host communities.
He emphasised on the vital need to investigate the non-compliance of mining operators to Provisions of the Minerals and Mines Act, 2007 and the Explosives Act to safeguard mining host communities, protect the rights of citizens, and restore the integrity of the mining sector in the country.
The motion has been referred to the committee on solid minerals for further legislative action, with a report expected within four weeks.
STAR Check: Nigerians, particularly, constituents of Karu/Keffi/Kokona federal constituency, can keep tabs on the legislative performance of Rep. Gaza Jonathan throughout the 10th House here
