For the past two decades, mining activities have been going on in Iwajowa Local Government Area of Oyo State, whereas, the conditions precedent to operating mining activities have not been met by the accused mining company.
Rights Lawyer, Mr Femi Aborisade, who has been a vanguard in the fight against the illegality of mining activities in Iwajowa Local Government of Oyo State, beamed a searchlight on the outlawed mining activities in an exclusive interview with Legit.ng.
He explained that:
“Illegal mining has been going on in Itasa, Iwajowa Local Government from the standpoint that the prescribed statutory provisions which are conditions precedent to be met before mining activities commence have not been fulfilled, and we are challenging a particular miner who operates under the name of Architype Industries Nigeria Limited, the managing director of Architype Industries Nigeria Limited is Engr. Adeniran Ajibade, he has been operating in that community for about 25 years without observing the conditions precedents to operating mining activities. These include the signing of a valid Community Development Agreement (CDA). By section 116(1) of the Mines Acts, it is required that before any miner begins operation, there ought to be a community development agreement signed with the host community. As we speak, the miner does not have a valid CDA.”
Rejection of Community Development Agreement by the FG
For not meeting the necessary requirements and violating the guidelines, the mining organisation’s CDA was rejected by the Federal agency in charge.
Aborisade continued:
“In 2022, the Ministry of Mineral Resources rejected the CDA he (the miner) presented. They rejected it and said it is invalid. We have been in negotiations with him since 2022. We agreed he would have to sign a Community Development Agreement (CDA) with the with the community which will be acceptable to the generality of indigenes of that community and acceptable to the ministry for approval. We presented one to him on the 1st of December 2024, he said he was not going to sign it and that he would study it and make his own inputs. Till we speak, he has not gotten back to us with his own inputs, yet he doesn’t have a valid CDA which is a condition precedent.
Another precedent is the Environmental Impact Assessment (EIA), with mitigation plans. He does not have an Environmental Impact Assessment conducted prior to commencing mining activities. EIA Environmental Impact Assessment is another condition precedent which ought to be conducted before mining activities begin. There are other conditions precedent but these are the two major ones.”
Reasons for rejection of the Architype’s CDA
The Ministry’s rejection of the CDA submitted by the mining company was because the company did not follow the requisite guidelines in preparing the document, the legal practitioner explained.
“The ministry pointed that the shortcomings that are there included the fact that some of the things he promised to do were not measurable and inadequate and no indications that a manner by which the CDA was obtained was signed with the representatives of the community ensured that it was valid in terms of getting the consent of the stakeholders and as at 2022 when he gave us that copy which was rejected by the ministry.
We also had issues with his activities and our main concerns is actually that the CDA ought to have been negotiated with the generality of the indigenes of the community not just meeting a few persons and manipulating them to sign something for you and then you go ahead to present that, which was unacceptable to us, we also rejected that CDA that he was carrying about as at that time.”
Complicity of the Ministry
While the Community Development Agreement and Environmental Impact Assessment are very important to be established and accepted by the Federal Agency before mining can begin, the two documents are still being expected.
Interestingly, mining activities are still going on while the government looks the other way.
“The ministry has the responsibility to ensure compliance with the mining act. It is the responsibility of the Ministry but unfortunately the ministry does not appear interested in enforcing the provisions of the law and our accusation is that the ministry is there to protect public good because mining activities come with destructive companions, destruction, and we are interested more in protecting the future of the unborn generations.
“Unfortunately, it appears that the ministry is not interested in protecting public good. We have petitioned the ministry, we petitioned the minister, not even an acknowledgement of our petitions is presented to us
“And, in actual fact, even the mine’s environmental compliance departments from the southwest which is based in Ibadan, continues to write us as the letter-writer-in-chief on behalf of the illegal miner, asking us to negotiate with the illegal miner.
“But, we point out to them, ‘you are to enforce the law, you ought to have ensured that any miner has a valid CDA, that any miner has EIA and any miner has what section 119 of the act calls environmental Protection and Rehabilitation programme. That is another condition precedent before you can allow mining operation, they were even arguing with us that this particular miner has a valid CDA.
We have a copy of their own letter rejecting the CDA. So, it is clear that the Ministry of Mineral Resources as at today is condoning illegal mining activities in Itasa, Iwajowa local government. We have written, we have complained and cried out but they are not interested, suggesting that they have been compromised.
“You are now to ask them, does this company have a valid CDA, does it have prior to commencing mining activities, does it have EIA, does it have the environmental protection and rehabilitation program prior to commencing mining activities, you are to throw the questions to them and not say you’re confused.
If a government agency allows illegality, it does not remove the status of that company or that act to be an illegal act, that is the position I maintained.
Oyo Government’s decision to go after illegal miners in order
Oyo State Government has vowed to deal with Illegal mining among other security challenges in the State. This was part of the outcomes of the security meeting held recently as communicated by the Special Adviser to the Governor on Security Matters, Fatai Owoseni.
Barrister Aborisade contended that the decision was expected of the government as it is its responsibility.
“That is what they ought to do, they ought to, at least from the point of view of insecurity in Oyo state, the government ought to frown against illegalities that are going on.
[Although], it is only the federal government that can license companies to mines state government has the responsibility to protect public safety and if illegal acts will constitute sources of tension, insecurity, the state government would be right to frown against illegalities.”
Parallel classes and entrenched poverty in the mining communities
As illegal mining activities in local communities continues, the implications are classed society where some live in affluence and others in poverty and insecurity especially as it is the case in Iwajowa Local Government of Oyo State.
“You have a contradiction of wealth; some people are swimming in wealth while the land owners are languishing in poverty and the environment is being destroyed for future generations.
The products of the land are being severed and taken away. Some people are being enriched while the community and the inhabitants are being impoverished. That is the contradiction
“What we should note is that security, kidnapping, banditry, killings, and disappearances, are all companions of mining activities. Miners hire bandits, thugs, and unemployed people to intimidate and coerce under the guise of protecting their investments. The unfortunate thing is that illegal miners are moving about with the state-backed security personnel: police escorts to intimidate the mining communities (who are) the land owners.
“(There was a time) When the youth wanted to have a peaceful protest. One security officer called them to desist from having any protest (because) according to him, there is no right to peaceful protest but the youth were not intimidated, they went ahead to have their peaceful protest which shows that the state organs that are meant to protect public good have neglected public good and are protecting illegalities and cohesion of the community.”
Local authority’s intervention yielded no result
Efforts of the local council to ensure compliance have failed as the company is yet to comply. Rather, it continues its operations without checks.
“I must say, in all fairness, the Iwajowa Local Government Council has played a commendable role: they have held a meeting with the landowners and this particular illegal mining entity. They told the Managing Director to go and resolve the issue of the Community Development Agreement (CDA) before he continued his mining, he asked for a few days within which to comply to ask his workers to stop, but he has defied instructions (intervention) of the Local Government Council.”
Is any end in sight for illegal mining in the community?
It is imperative that the Ministry and its officials do the needful to stop the illegalities being perpetrated in Iwajowa Local Government, the lawyer expressed.
“The solution is to challenge public officers, and ministry officials and refer to the mines environmental compliance department to seek their positions and let them justify their actions in allowing illegal mining, and (also) call on the minister to constitute pressure that the world is watching.”
Oshiomhole mentions those behind illegal mining
Oshiomhole said Nigeria’s efforts to diversify its economy would remain a mirage if the issue of illegal mining is not properly addressed by President Bola Ahmed Tinubu’s administration.
