Kogi NGOs Network (KONGONET) has called on the State House of Assembly to step down the bill seeking to prohibit issuance of mining permits within the state.
In a memo presented for the ongoing public hearing regarding the proposed law to prohibit the issuance of mining permits within the state, KONGONET recommended that the lawmaker engage in further consultation with more stakeholders to ensure the state “hit the right set of buttons”.
The memo signed by the Chairperson, Amb. Idris Ozovehe Muraina, KONGONET noted that the Constitution of the Federal Republic of Nigeria 1999 as amended classified mining under the exclusive legislative list, that is, the powers to make laws regarding mining resides with the national assembly.
KONGONET, which is the apex coalition of civil society networks in Kogi state, urged the Kogi State House of Assembly to approach the legislation on mining permits with caution.
The coalition of civil society networks said it understood that the bill arose from growing concerns over the environmental and social impacts of mining activities. However, the coalition said it is crucial to recognize that the legislative authority over mineral resources is vested in the federal government of Nigeria, as stipulated in the Constitution of the Federal Republic of Nigeria and the Nigerian Minerals and Mining Act of 2007.
“While we appreciate the intent behind the proposed law, we urge the Kogi State House of Assembly to approach this legislation with caution. It is essential that this law is treated as a carefully calibrated missile—one that must be guided thoughtfully to ensure it does not misfire, resulting in unintended consequences for our communities and the mining sector.
“We believe that a balanced and well-informed approach can better serve the interests of both the environment and the economy in Kogi State.
“We encourage all stakeholders to engage in a constructive dialogue to refine the proposed legislation, ensuring it aligns with both state and federal regulations while effectively addressing the concerns of our communities,” the memo read.
Picking holes in the bill, KONGONET observed that in section 3, the definition of the term ‘Permit’ could be misleading as it does not mention the specific authority to issue such permit. It urged the lawmakers to clearly define the term in the interpretation section of the proposed law.
KONGONET also questioned section 5(1) which proposes mandatory registration of mining approval in the state. The coalition argued that Mining Cadastre Register already exists at the national level.
It also observed that Section 7(1)(a) of the bill sought powers for officiating and endorsement of community development agreements (CDA) which KONGONET argued is the constitutional function of the minister.
