By Jeremiah Onaolapo

The power over exploration and exploitation of mineral resources in Nigeria shall be vested in the government of the federation, in this case, Nigeria. The legislative enactment giving this power is the Nigeria Mineral and Mining Act of 2007 which repealed Mineral and Mining Act of 1999.

It provides in S 1(1): the entire property in and control of all mineral resources in, under or upon any land in Nigeria, its contiguous continental shelf and all rivers, streams and by its territorial waters or constituency and the Exclusive Economic Zone (and area extending from the external limit of the territorial waters of Nigeria up to a distance of 200 nautical miles from the baseline from which the breath of the territory waters of Nigeria is measured) is and shall be vested in the government of the federation for and on behalf of the people of Nigeria.

The major purpose of the enactment is to regulate all aspect of the exploration and exploitation of solid minerals in Nigeria and for related purposes. Under the wings of the extant law, there is an extension or a new development that gives valuable consideration for possible sustainability of community where the mining operation will be conducted. Note: this provision was not captured in the Mineral and Mining Act of 1999. The title holder of a mining lease and the community host are to conclude on behalf of the community at large, on an agreement (Community Development Agreement) that will ensure socio-economic development in that community.

Under the provision of the extant law, S 117provides for the objectives of the agreement that the Community Development Agreement shall specify appropriate consultative and monitoring frameworks between the mineral titleholder and the host community, and the means by which the community may participate in planning, implementation, management and monitoring of activities carried out under the Agreement.

Furthermore, in S 118 provides that every holder of mineral title under the Mineral and Mining Act 2007 shall as far as it is reasonably practicable-

  • Minimize, mange, and mitigate any environmental impact resulting from activities carried out under the Act; and
  • Rehabilitate and reclaim, where applicable, the land disturbed, excavated, explored mined or covered with tailing arising from mining operations to its natural or predetermined state or to such state as may be specified in this Act, its Regulation and other pertinent laws in force, and in accordance with established best practices.
  • The Community Development Agreement

The provision Section 116 of The Mineral and Mining Act of 2007 is a newly enacted law that proffers a wide range of development for the community and it provides as follows:

  • Subject to the provision of this section, the holder of a Mining lease, Small scale Mining lease or Quarry lease shall prior to the commencement of any development activity within the lease area, conclude with the host community where the operations are to be conducted an agreement referred to as a Community Development Agreement or other Agreement that will ensure the transfer of social and economic benefits to the community.
  • The Community Development Agreement shall contain undertakings with respect to the social and economic development contributions that the project will make to the sustainability of such community.
  • The Community Development Agreement shall address all or some of the following issues when relevant to the host community-
  • Educational sponsorship, apprenticeship, technical training and employment opportunities for indigenes of the communities;
  • Financial or other form of contributory support for infrastructural development and maintenance such as education, health or other community services, roads, water and power;
  • Assistance with creation, development and support to small scale and micro enterprises;
  • Agricultural product marketing; and
  • Methods and procedures of environment and socio-economic management and local government enhancement.
  • In the event of failure of the host community and the lessee, after several attempts to conclude the Community Development Agreement by the time the titleholder is ready to commence development work on the lease area, the matter shall be referred to the Minister for resolution.
  • The Community Development Agreement shall be subject to review every 5 years and, shall until reviewed by the parties, have binding effect on the parties.

The provision of this law is to address the optics of the environment where there is operation and mining of the mineral resources and to give a sustainable development that will ensure social and economic growth of that community. The agreement shall be subject to review every 5 years. It also seeks to ensure that as resources are been exploited and explored, a commensurate development plan or agreement is put in place, so that the inhabitants and indigenes do not suffer by the mining operation.

In conclusion, the provision of the Mineral and Mining Act of 2007 as against the Mineral and Mining Act of 1999 provides for the development of the community socially and economically through the involvement of the community host and lessee in settling the agreement, participation of the indigenes and working towards actualization of relevant development needed in the community as provided in the extant law. Note that there can be liability for an action to enforce the letters of the law in court where the provisionin the extant laws are violated, neglected or infringed. The African Charter on Human and People’s right, Article 24 provides that “all people shall have the right to a general satisfactory environment favorable to their development.” Article 21 provides that “all people shall freely dispose of their wealth and natural resources, this right shall be exercised in the interest of the people. In no case shall the people be deprived of it.” The provision makes the violation of the extant law an infringement on the right of the people that are concerned.

 

Article by;

Jeremiah Onaolapo, Abuja based lawyer

07064506533

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