The Nigerian House of Representatives has taken a decisive step to investigate alleged non-compliance by mining operators with the provisions of the Minerals and Mines Act, 2007, and the Explosives Act 2021. This decision follows a motion presented duringa plenary session held on the 11th of February 2025 by Hon. Jonathan Gbefwi, represented by Hon. Etteh Ikpong.
Understanding Mining Operations in Nigeria
Mining is a significant sector in Nigeria, contributing to economic growth through the extraction of solid minerals such as gold, limestone, and tin. Legal mining is conducted by licensed operators who adhere to the Minerals and Mines Act, 2007, which regulates mineral exploration, environmental protection, and community engagement. However, illegal mining, which is the extraction of minerals without proper authorization or licensing, has led to severe environmental degradation, safety risks, and loss of government revenue.
In recent years, concerns have risen over the failure of licensed mining operators to comply with legal and safety regulations, resulting in environmental hazards and conflicts with host communities. This has prompted the Nigerian House of Representatives to investigate these non-compliance issues and strengthen enforcement mechanisms.
Why This Matters
The Minerals and Mines Act, of 2007 was enacted to promote sustainable mining practices, protect the environment, and uphold the rights of host communities. However, many mining operators have reportedly failed to adhere to these provisions, leading to environmental degradation, unsafe mining practices, and a lack of community benefits.
Key Issues Highlighted
- Environmental Violations: Improperly reclaimed mine tunnels and unchecked mining operations have caused collapses and environmental damage in various regions.
- Community Development Agreements (CDAs): Host communities have raised concerns about the failure of mining operators to fulfill their obligations under CDAs.
- Regulatory Complacency: Lawmakers expressed worries over the lack of enforcement by regulatory bodies, which has led to a rise in non-compliant practices.
Recent Tragedies
In 2024 alone, the country witnessed several tragic incidents linked to poor mining practices, including:
- The Bodija explosion in Ibadan, Oyo State resulting in five deaths and significant property damage.
- Mining collapse in Niger State.
- Building collapse in Plateau State due to improperly reclaimed mining tunnels.
What Citizens Should Know
The House has urged the Ministry of Solid Minerals Development to launch public awareness campaigns to educate citizens on their rights under the Minerals and Mines Act, 2007, including:
- Right to Consultation & Consent (Section 116): Host communities must be consulted before mining activities commence, and their concerns should be addressed.
- Right to Compensation & Resettlement (Sections 71 & 72): Citizens affected by mining operations, such as displacement or environmental damage, are entitled to fair and adequate compensation or resettlement.
- Right to Environmental Protection (Sections 119 & 120): Mining operators must conduct Environmental Impact Assessments (EIAs) before starting operations and must rehabilitate mining sites after use.
- Right to Community Development Benefits (Section 116): Mining operators must sign Community Development Agreements (CDAs) with host communities, ensuring investments in local infrastructure, education, and healthcare.
- Right to Report Violations: Sections 19 & 123 Citizens have the right to report illegal mining activities and regulatory violations to authorities such as the Ministry of Solid Minerals Development and the Mining Cadastre Office.
- Right to Safety in Explosive Use (Explosives Act): Citizens should report unsafe handling and unauthorized use of explosives in mining operations.
What is a Community Development Agreement (CDA)?
A Community Development Agreement (CDA) is a legally binding contract between mining companies and host communities. As required by Section 116 of the Minerals and Mines Act, 2007, it ensures that mining operators contribute to the social and economic development of the affected communities.
A typical CDA includes:
- Provisions for employment opportunities for local residents.
- Commitments to infrastructure development, such as roads, schools, and hospitals.
- Environmental protection measures.
- Conflict resolution mechanisms between the mining company and the community.
Next Steps
The House Committee on Solid Minerals Development has been mandated to:
- Conduct physical inspections of mining sites.
- Review the effectiveness of regulatory bodies.
- Identify gaps in enforcement.
- Recommend reforms to enhance accountability and sustainability.
Recommendations to Strengthen Mining Compliance
- Strict Prosecution of Illegal Miners: The government should intensify efforts to identify, arrest, and prosecute illegal miners under the Minerals and Mines Act, 2007, ensuring they face legal consequences such as fines, asset seizures, and imprisonment.
- Strengthening Regulatory Oversight: Regulatory agencies, such as the Mining Cadastre Office and the Ministry of Solid Minerals Development, should increase inspections of mining sites and enforce penalties against non-compliant licensed operators.
- Community Involvement in Monitoring: Host communities should be empowered to report illegal and unethical mining activities, with clear mechanisms for lodging complaints and seeking redress.
- Transparent Licensing and Operations: The licensing process for mining operations should be more transparent, ensuring only operators with the capacity and commitment to compliance are granted permits.
- Environmental and Safety Standards Enforcement: Mining operators should be held accountable for environmental restoration, ensuring mining sites are rehabilitated after use to prevent disasters like land collapses and water contamination.
The committee is expected to submit its report within four weeks for further legislative action.
We will continue to monitor this development and provide updates on its implications for the mining sector, host communities, and environmental protection.
