Ododo Declares War On Illegal Mining, Rules Out Dialogue With Criminals

Kogi State Governor Usman Ododo has declared a resolute stance against illegal mining, vowing no negotiations with criminals and unveiling a dual strategy to combat the illicit trade. The approach combines stringent security measures with a comprehensive youth empowerment programme focused on mining and jewellery craftsmanship. This initiative aims to create legitimate economic opportunities, thereby deterring youth involvement in illegal activities and unlocking Kogi State's vast solid mineral resources for sustainable development. The declaration highlights the state's commitment to addressing both the symptoms and root causes of illegal mining, navigating the complex legal framework where mineral ownership is vested in the Federal Government while states bear the brunt of local security and socio-economic challenges.

Kogi State, a region richly endowed with diverse solid mineral resources, has recently seen its Governor, Usman Ododo, declare an unequivocal "war" on illegal mining. This declaration, which explicitly rules out dialogue with criminal elements, signals a significant shift in the state's approach to an issue that has plagued Nigeria's mining sector for decades. The governor's strategy is two-pronged: aggressive security enforcement coupled with robust youth empowerment initiatives, particularly in mining and jewellery craftsmanship.

This decisive action by the Kogi State government underscores a growing recognition among sub-national entities of the profound economic, environmental, and security implications of unregulated mineral exploitation. Illegal mining not only deprives the state and federal governments of substantial revenue but also fuels insecurity, degrades the environment, and often exploits vulnerable populations. This article will delve into the legal framework governing mineral resources in Nigeria, analyze the implications of Governor Ododo's strategy within this framework, and consider the potential effectiveness and challenges of his integrated approach.

The legal landscape for mineral resources in Nigeria is primarily governed by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Nigerian Minerals and Mining Act, 2007 (NMMA). Section 44(3) of the Constitution unequivocally vests the entire property in and control of all minerals, mineral oils, and natural gas in, under, or upon any land in Nigeria in the Government of the Federation. This constitutional provision is reinforced by Section 1(1) of the NMMA, which reiterates that ownership and control of all mineral resources are vested in the Federal Government.

Consequently, mining activities fall under the Exclusive Legislative List, granting the Federal Government sole authority to issue licenses, regulate operations, and collect revenues. State governments, therefore, lack the constitutional power to ban or directly regulate mining activities. However, states are not entirely without a role; they are crucial in ensuring security, facilitating smooth operations, and protecting the interests of host communities. The NMMA also provides for the establishment of Mineral Resources and Environmental Management Committees (MIREMCO) in each state, comprising federal and state officers, to foster collaboration in the sector's administration. Kogi State itself is exceptionally rich in solid minerals, boasting an estimated 32 commercially viable deposits, including iron ore, limestone, gold, lithium, coal, beryllium, and gemstones, which contribute significantly to its Gross State Product (GSP).

Governor Ododo's declaration of a "war" on illegal mining, while seemingly assertive, must be understood within the confines of Nigeria's federal mining laws. While state governments cannot unilaterally regulate or ban mining, they possess inherent powers to maintain law and order, which includes combating criminal activities such as illegal mining. The Minister of Solid Minerals Development, Dele Alake, has previously clarified that while states cannot interfere with legitimate mining operations, they can and should address illegal activities within their jurisdiction.

Illegal mining is a criminal offence under Nigerian law, attracting severe penalties, including imprisonment, rather than mere fines, and is prosecuted in Federal High Courts. Therefore, the governor's "no negotiation with criminals" stance aligns with the broader federal legal framework that criminalizes unauthorized mineral exploitation. The aggressive security measures announced by Governor Ododo are a legitimate exercise of state power to enforce criminal laws and protect state assets and citizens from the adverse effects of illegal mining, which often includes insecurity, environmental degradation, and economic sabotage.

The innovative aspect of Kogi's strategy lies in its integration of youth empowerment. Recognizing that unemployment and lack of opportunities often drive individuals to illegal mining, the state has launched the Kogi Youth Mining and Jewellery Craftsmanship Empowerment Programme. This programme aims to equip young people with practical skills in value addition, such as jewellery design and craftsmanship, transforming raw minerals into finished products. This approach not only provides sustainable livelihoods but also aligns with the national objective of diversifying the economy and maximizing the value chain of solid minerals. By creating legitimate pathways to participate in the mining sector, the state seeks to reduce the pool of individuals susceptible to recruitment by illegal mining syndicates, thereby addressing a fundamental root cause of the problem.

However, challenges persist. The effectiveness of state-led security operations against illegal mining can be hampered by jurisdictional complexities and the need for seamless collaboration with federal agencies, given the federal ownership of minerals. While MIREMCOs are designed to facilitate this, their effectiveness has sometimes been limited by issues such as composition and funding. Furthermore, the success of youth empowerment programmes hinges on adequate funding, sustained political will, and the ability to scale up initiatives to meet the demand for legitimate employment in a state as mineral-rich as Kogi. The long-term impact will depend on how effectively these programmes can integrate beneficiaries into formal, regulated mining and value-addition industries.

Governor Ododo's declaration against illegal mining in Kogi State, characterized by a firm "no negotiation" policy and a dual strategy of security enforcement and youth empowerment, represents a significant and legally sound commitment to sanitizing the state's mining sector. While the Federal Government retains exclusive legislative control over mineral resources, state governments play a critical role in maintaining law and order and fostering socio-economic development, which includes combating criminal activities like illegal mining and creating alternative economic opportunities.

For legal practitioners, this development signals increased enforcement activity against illegal miners, necessitating a thorough understanding of the Nigerian Minerals and Mining Act, 2007, and related criminal statutes. Companies operating in Kogi State must ensure strict compliance with all federal mining regulations to avoid being caught in the crossfire of the state's crackdown. Furthermore, the emphasis on youth empowerment and value addition presents new opportunities for legal advisory services in structuring partnerships, securing intellectual property for craftsmanship, and navigating regulatory frameworks for small-scale and artisanal mining cooperatives. Practitioners should closely monitor the implementation of Kogi's strategy, particularly how federal-state collaboration evolves and the long-term impact of the empowerment programmes on reducing illegal mining and fostering sustainable economic growth in the state.