BY: GONTEN SEYILNEN LUZU ESQ.
Introduction
Plateau State, located in north-central Nigeria, is rich in mineral resources, including tin, columbite, and gold. Mining in Plateau state is traced to more than a century, as sources say mining activities started around the Jos and Bauchi axis around 1903/1905 which is about 120 years. However, the state government under the leadership of Caleb Manasseh Mutfwang Esq. has placed a suspension on mining activities due to concerns over environmental degradation, insecurity, and illegal mining operations etc. While this decision aims to restore order and regulate the mining sector, it has significant legal, economic, and social implications for both the government and the local population.
This article explores the reality behind the embargo, its implications, and the benefits and drawbacks for both the government and people(masses) of Plateau State.
Legal Basis for the Mining Embargo in Plateau State
The Minerals and Mining Act of 2007, vests control over all mineral resources within Nigeria to the federal government of Nigeria. This means that states have limited powers over mining activities within their jurisdictions. However, state governments can impose restrictions on mining operations within their territories based on environmental concerns, security risks, or public safety issues.
Plateau State’s decision to place an embargo on mining stems from issues such as:
1. Illegal mining activities leading to loss of government revenue.
2. Environmental degradation, including deforestation and water pollution.
3. Security challenges, with mining areas becoming hotspots for banditry and violence.
These are amongst other reasons for the Order 001 of 2025 despite these concerns, the embargo raises debatable legal questions, particularly regarding the rights of licensed miners mining within the state, the state’s power to enforce such restrictions where such powers call on the federal exclusive list (federal law), and wether or not the embargo is timeous in the states and country’s history and present day socio-economic realities ?
For the purpose of this article we will be seeing some Pros and Cons of the Mining Embargo both forThe state government and also for the Masses of Plateau state
FOR THE GOVERNMENT OF PLATEAU STATE:
✅ Pros
1. Control Over Illegal Mining
The embargo allows the government to clamp down on unlicensed mining operations that has been on for decades, contributing little or nothing to the government purse. Many illegal miners both corporate and individual have been privately and offcourse quietly enjoying the gains which should have been for everyone alone. But with this embargo, government will control such through proper licensing and supervision of this activity across the borders of plateau state.
2. Enhanced Security
Plateau state as an entity determined by boundary has no doubt suffered its fair share of insecurity; crisis, banditry, kidnapping, community attacks, communual clashes, farmers herders clashes among other. It is justifiable to state that the greatest clashes or wars that occur in life is mostly directly or indirectly linked to ‘resource control’ and Plateau state is no exception. It is also worthy of note that mining sites in Plateau State have been linked to violent conflicts, banditry, and communal clashes, communual attacks and communual carnages for sold resources. Restricting mining if properly executed will no doubt reduce security threats in plateau state.
3. Environmental Protection
Unregulated mining has caused severe environmental degradation, including deforestation, soil erosion, created unwanted ponds and water pollution, due to the abondonement of those sites by miners who have gotten what they came for and don’t care about the ecological/environmental hazards they created by leaving those sites unattended to. The embargo enables the government to implement sustainable mining policies directed towards protecting and reinstating the state of those areas where such activities take place, by ensuring such ponds, caves, unwanted water bodies as well as scattered ariable lands are not just abondoned but fixed back to useful forms.
4. Revenue Generation Through Formalization
By halting illegal mining, the government can create a framework for formalized mining operations, ensuring that taxes and royalties are properly collected. Mining as a lucrative venture should form a huge part of the state’s revenue, but sadly, that’s not the case, as it is mostly illegally done. Such gross revenue loss will no doubt be tackled and addressed when the weight of government is placed on such activities. I deem it necessary to remind us that in Nigeria, government revenue is majorly from natural resources, as it accounts for about 90% of Nigeria’s foreign exchange earnings. This includes crude oil and gas, and other mined goods. In Plateau state alone billions of naira is generated from mining activities, but due to its illegal nature and the lack of proper frame work, the state unfurtanately does not benefit reasonably in such gains. But with the Proper structuring and official involvement of the state in these activities, what is due for the state will be to the state.
❌ Cons
1. Legal Challenges from Licensed Miners
Licensed mining companies and corporate bodies may challenge the embargo in court, arguing that state governments lack the constitutional power to enforce a mining ban. It is true that some of these companies have legitimate licenses and legitimately acquired such mining sites or legitimise their contracts with owners of such sites. And with such huge investments on ground, this embargo will leave them with little or no options but to seek legal interventions, especially where they feel sidelined by co-policies that are with the embargo or where such implementations are not done in a transparent manner and/or in good faith.
2. Loss of Economic Opportunities
There is no doubt that the embargo will reduce foreign and local investment in the mining sector, leading to a decline in economic activities and job creation. One of the major foreign investments in Plateau state is in the mining sector and in with this order, same will suffer seriously.
3. Enforcement Difficulties
Completely stopping mining in Plateau State is difficult due to the vast and remote nature of mining sites. Many illegal miners may continue operations clandestinely. Since the order of suspension of mining in Plateau state, many have stopped mining, but it’s also true that secret mining activities are still being perpetrated by many, hence the difficulty in halting the entire mining operations, pending further orders by the government. It is therefore very unfair to still have such activities going on by whoever wherein many are suffering hardship due to their respect of such government embargo and if this implementation linger further on it’s total implementation to shut down mining entirely and lingers in introducing the intended framework that will usher the lift on the embargo, soon there will be tremendous and overwhelming pressure from the resumption of such illegal mining by even those being respectful at this point, that government might find harder to manage.
4. Potential Federal-State Conflict
Just as the embargo is by the state government to protect her interest, the federal government is no doubt working towards developing the mining sector as well. And as such, the conflict of interest between the quest for self preservation by the state and the interpretation of the mining act by the federal government in imminent. Especially where mining falls on the exclusive list of the federal government.
FOR THE MASSES (PEOPLE OF PLATEAU STATE/LOCAL COMMUNITIES AND MINERS)
✅ Pros
1. Reduction in Exploitation
Many local miners have been working under dangerous and exploitative conditions, to either satisfy personal or public targets. This has overtime resulted in lost of many lives and a lot left injured and some permanently incapacitated. A government-controlled mining sector that is well structured should improve working conditions as policies and standards set will be closely monitored and rules surrounding working conditions closely observed and where such stringent conditions come in from superiors in the industry the victims will have a supervisory body to run to.
2. Protection of Farmlands and Water resources
Unregulated mining has destroyed many houses, residential and commercial lands, farmlands, polluted water sources, amongst other hazards such practices have caused. One of the rationales behind the embargo would be seen to stem from such concerns of the safety of human lives which have been an unattended issue over so many decades. With a suspension in illicit mining, such would definetly be visited, as there have been a plethora of complaints and unfurtanately little have been done to actually curtail or arrest the situation and to protect natural resources essential to the livelihoods of many individuals and communities.
3. Improved Security
Mining areas are often flashpoints for conflicts between communities and criminally minded groups/corporate entities. It has no doubt been behind alot of killings and attacks that has been on different communities within the state for decades now as it is without gain saying that most of the communities attacked over time is for the reasons of land grabbing, such communities being very endowed with bountiful natural resources and since illegal mining goes on unchecked, such criminals assume that by displacing the indigents, they could exploit such minerals for their own self aggrandizement.
By virtue of the restriction, it is expected that inter-personal, inter-group and inter-communual conflicts and clashes might arise, neccessitated from either of the parties feeling shortchanged, which could spiral into possible loss of lives and livelihoods. By the embargo all such diverse interests should go through scrutiny to legitimise their operations while stricter measures be put in place by the government. Many as well as myself see these embargo as a brilliant way to get grip of such security challenges and a giant strides towards achieving a lasting peace in Plateau state.
4. Long-Term Sustainable Development
First of any developments will be achieving a sustainable structure around the mining sector. One would expect the government to as a matter of necessity create very strong and clear cut strutures around this sector before lifting such embargo, this will not only involve appointments/employment of capable human resources, but will go towards reorganising necessary mining regulating ministries/agencies, and of great priority will be driving the legislation of better, up to date and strict legislations on mining and all that is incidental to it, and which is peculiar to the realities of such activities in Plateau state by the legislative arm of government. This must be a matter of emergency, consideration the economic losses that come with this embargo.
Also, with proper enforcement regulations, in the multi-billion naira mining sector in Plateau state, the least the masses expect is great sustainable socio-economic development owing to the fact that state government are now fully involved in this blossoming industry.
❌ Cons
1. Massive Job Losses
Thousands of people in Plateau state depend on mining as their main source of livelihood, it is a fact that most of these persons are youths and mothers with many dependants who survive on the gains gotten from such mining activities. These only leaves this state in a very sensitive position. It is true that the many masses are at a survival mode due to the excruciating nature of the economy at this point, this embargo has not only left thousands of indigenes, foreigners/investors jobless, but has worsen poverty and economic hardship in the state already barely weeks after its declaration.
2. Increased Illegal Mining Activities
It’s a non legal reality that there can’t be crime without laws, and the more the laws – the more the crimes against it. With the Embargo and the consequent clamp on miners within the state, many have improvised more hidden ways to continue mining. With no legal alternatives, desperate miners may continue working in secret, and not just increasing the crime rate but also increasing the risks of accidents and possible ‘quiet violence’.
3. Economic Decline in Mining Communities
Host communities wherein such mining activities takes place had many of their members indirect dependants on such activity. Local businesses that depend on the existence of mining, to sell to miners to earn e.g food vendors and transport operators, health personels, etc. suffered great economic loss due to the embargo. Many have again been rendered jobless and many have fears of losing everything and never recovering from such economic setback.
4. Social Unrest and Protests
Communities and persons affected by the embargo may protest against the government, leading to potential unrest and political instability.
POPULAR QUESTIONS ASK BY MASSES IN PLATEAU STATE (with possible reasons for some of the questions)
1. How long will this embargo last?
This question is from the place of pain, hunger and hardship orchestrated by this embargo.
2. Does Caleb Mutfwang know how many people depend solely directly or indirectly on mining? And if yes, what was he thinking will be of such persons?
3. What other alternatives does the state government have for thousands of youths and mothers who have depended solely on mining?
4. What strutures has government laid or put in place in other to salvage the mining sector, or is it enough to constitute a Committee, task force, etc?
5. Is this not another way of marginalising the poor and empowering the rich, and ‘the who and who’ in the society?
6. How transparent will the process of licensing be, and how many poor youths and mothers will eventually make it through?
7. What compensation plan does the government have for first, the mining communities, to the owners and or occupants of such lands, and lastly, to the investors who have invested fortune in the sector already, etc.?
RECOMMENDATIONS TO PLATEAU STATE GOVERNMENT
1. The government should expedite the processes of the execution of all intending and pending infrastructures to ensure a proper system around mining in the state. There are many who hold the opinion that the pronouncement and it’s execution was too swift and same approach should have been taken in the implementation of alternatives measures to cub the hardship metted on the masses by the embargo, which would have given room for adjustments to many realities both on the side of government and on the side of those directly involved. It’s worthy of note that at the time of preparing this article news has it that arrest and convictions have already been made on such persons directly involved.
2. Providing alternative employment opportunities for displaced miners. Quick and deliberate steps towards creation of jobs for those presently left aloof and jobless by this embargo and its implementation. To avoid a break down in law and order (which is against the reasons for the embargo), by these persons affected directly or indirectly, alternative sources of livelihood should be created to avoid revolt and possible militancy.
3. As part of employment processes as emphasized already, some of these young persons and mothers should be engaged by government even in the structuring of the mining as it involves employment and partnership.
4 Government should invest into publicity regarding this matter especially as regards;
* Reasons /advantages of this embargo to government and the people of the state.
* Clear cut objectives/Plans on ground to execute and it’s target benefits.
Such deliberate and meaningful steps towards creating necessary awareness is necessary to reduce negative narratives flying around, to further strengthen the trust earned by the current administration by many, and to carry people along as always emphasized by the Governor. Also, such publicity will not scare potential investors who don’t have direct and legitimate information, but might be misled by negative news.
5. Liniency and considering Plea bargains, negotiations with those found wanting by the embargo instead of convictions/stringent court sanctions. These is good for business, as investors are involved and only sends red flags.
6. High level transparency is required to be seen in all dealings that concerns mining as this is a sensitive part of life i.e ‘Natural resources’ to avoid creating doubts and cracks in trust which could be used by such adversaries and enemies of the state against the state.
7. Strengthening law enforcement to prevent illegal mining. It is only fair that since there’s an embargo, all that involves mining should be stopped absolutely completely. Rumours has it that a few persons both individuals and corporate, in government and private are benefitting more with the current status quo.
8.Engage intensively with local communities/persons to ensure their economic survival and necessary feedbacks, suggestions and engagement.
9. Proper up to date, custom tailored legislations/legal framework that aligns with the good faith of government in embarking on this mission and also to align state laws with federal laws as it concerns mining/naturaral resources.
Conclusion
Ultimately, while the mining embargo may be necessary for long-term development, it must be carefully managed to prevent unintended economic and social consequences.
