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Illegal Mining as Threat to National security

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By Kayode Adebiyi

On Nov. 25, 2021, the Federal Government inaugurated a 14-member National Taskforce Committee to draft a framework that would guide mining activities in the country. The committee is chaired by the National Security Adviser (NSA), Babagana Monguno.

Part of the committee’s terms of reference is the development of a framework for vetting of prospective miners who would undertake mining activities in states where mining activities are taking place.

 

It is also charged with the conduct of background checks and selection of the prospective companies forwarded by the Federal Ministry of Mines and Solid Mineral Development for mining in Zamfara and other states.

 

At the inauguration of the committee, Monguno was optimistic that some of the security challenges which informed the decision to ban mining activities in Zamfara, Plateau and other states would be curtailed once the committee comes up with a framework. 

Recall that in Nov. 2019, the Minister of Mines and Steel Development, Olamilekan Adegbite, informed the National Economic Council that the federal government had resuscitated the Presidential Mines Surveillance Task Force to curb illegal mining and environmental degradation. 

The Task Force operates in all states of the federation and is responsible for plugging revenue leakages and institutionalising of the National Council of Mining, and Mineral Resources Development. 

As far back as Aug. 2017, along with Dr Kayode Fayemi (then Minister of Mines and Steel Development) Monguno also directed an immediate closure of illegal mining sites in Plateau. 

The decision was taken when they visited mining sites at Campania Zurak in Wase Local Government Area of Plateau. 

These policies and decisions in the mining industry point to the relationship between illegal mining and threat to national security. 

This connection was further emphasised when, in March this year, the NSA announced the approval of President Muhammadu Buhari to declare Zamfara State a ‘no-fly zone’ and ban mining activities with immediate effect. 

Such is the threat posed by illegal mining that a statement from the Presidency once put the number of illegal miners across the country at 20,000, stressing that the menace had become a national security threat. 

“Beyond the problems of bandits and cattle rustlers, the scale of lawlessness has been aggravated by illegal miners who are harvesting resources they have no legal rights to exploit. 

“Official statistics suggest that there are more than 20,000 such miners undermining this important part of the economy, operating in a manner that is extraordinarily harmful and destructive. The result is chaos,” the statement read. 

Under Environmental Security, the National Security Strategy (NSS, 2019), a policy document designed by the Office of the National Security Adviser (ONSA) to coordinate national security, illegal mining and other environmental activities were captured.

“Our mission is to protect and conserve the environment by preventing and mitigating natural and anthropogenic threats to environmental security and sustainability.

 “This we will seek to achieve by exploiting environmental resources through international best practices in a sustainable manner and protecting Nigeria’s unique biodiversity,” the NSS states. 

Illegal mining does not only threaten the lives and livelihood of rural dwellers, it also provides illicit financial flows which are increasingly linked to terrorism and banditry. 

Security experts believe and available analysis of media contents show that some of those who sponsor illegal mining also fund banditry and cattle rustling in mining communities in order to incite violence among cattle breeders and rearers. 

According to Maurice Ogbonnaya of the Institute for Security Studies, “Conflicts displace people and create opportunities for illegal miners to operate. 

“Many media reports blame the conflicts in the region on rural banditry, without addressing its links to illegal mining…illegal gold mining drives rural banditry and violent local conflicts in some parts of Nigeria. 

“This includes the North West, North Central and to some extent South West regions,” he said. 

It is estimated that about 80 per cent of mining in the North-West region is carried out illegally and in a non-mechanised way by the local population. 

In addition, the indiscriminate and uncertified use of explosives at those illegal mining sites constitutes a violation of Nigeria’s law on arms and explosives control. 

In September, President Buhari transmitted an executive bill to the National Assembly seeking to control proliferation of arms and to regulate the importation of explosives into the country. 

The bill seeks to repel the 1964 Explosive Act and enact a new law which will regulate the manufacture, storage, possession, use, distribution, purchase, sale, transportation, importation and exportation of explosives and other related matters. 

The Ministry of Mines and Steel Development is responsible for issuing licenses for explosives meant for mining and construction uses, with additional security checks carried out by ONSA through End User Certification.

Minister of State for Mines and Steel, Uche Ogah, recently said Nigeria loses 9 billion dollars annually to illegal mining and smuggling of gold.

He also identified inadequate manpower and low level of technology as some of the major challenges faced in the fight against illegal mining.

These are the kind of problems that are expected to inform the outcome of the Task Force Committee’s work.

It is also imperative for the Task Force Committee to embed applicable provisions of the various policy documents designed by ONSA, such as the NSS, into the legal framework it is expected to come up with.

Any internal or external action which threatens the security and defence of a nation, including its citizens, economy, resources, institutions and critical infrastructure, constitutes a threat to national security.

It is, therefore, heartwarming to observe that the federal government has prioritised illegal mining as a national security threat.

Also, with the establishment of the Task Force Committee, it is believed that existing laws for the protection of the solid mineral deposits of the country will be strengthened.

Hopefully, new guidelines that will complement existing laws will also be created to provide adequate security coverage necessary to prevent illegal mining.

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Yahaya Bello to Spend Christmas, New Year in Kuje Prison

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By Mike Odiakose, Abuja

Immediate past governor of Kogi State, Yahaya Bello will spend the 2024 Christmas and 2025 New Year days in Kuje prison, Abuja, following refusal of his bail application by the Federal Capital Territory High Court.

Justice Maryann Anenih yesterday adjourned the case until Jan.

29, Feb. 25, and Feb. 27, 2025 for the continuation of the hearing.

The former governor is standing trial, along with two others, in an N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).

Justice Anenih had refused to grant a bail application filed by Bello, saying it was filed prematurely.

The judge admitted Umar Oricha and Abdulsalam Hudu, to bail in the sum of N 300 million each with two sureties.

Justice Anenih, while delivering a ruling said, having been filed when Bello was neither in custody nor before the court, the instant application was incompetent.

“Consequently, the instant application having been filed prematurely is hereby refused,” she said.

Recalling the arguments before the court on the bail application, the judge had said, “before the court is a motion on notice, dated and filed on Nov. 22.

“The 1st Defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.

“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”

She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.

He urged the court to exercise its discretion judicially and judiciously to grant the bail.

Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.

He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority

“That says that an application can only be filed when it is ripe for hearing.”

Justice Anenih held that the instant application for bail showed that it was filed several days after the 1st defendant was taken into custody.”

Citing the ACJA, the judge said the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.

Bello had filed an application for his bail on November 22 but was taken into custody on November 26 and arraigned on Nov. 27.

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Middle Belt Group Tasks FG on Resettlement, Safety of IDPs

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From Jude Dangwam, Jos

Conference of Autochthonous Ethnic Nationalities Community Development Association (CONAECDA) has called on the federal government to intensify efforts in the resettlement of displaced persons in their ancestral homes.

The organization made this call at the end of its conference held in Jos, the Plateau State Capital weekend.

Thirty resolutions were passed covering security, economy, politics, governance, culture, languages, human rights and indigenous peoples’ rights among others.

The Conference President, Samuel Achie and Secretary Suleman Sukukum in a communique noted that the conference received and discussed reports from communities based on which resolutions were reached on securing, reconstruction, rehabilitation and returning communities displaced by violence across the Middle Belt.

“After considering the reports from communities displaced by violent conflicts, conference resolved, and called on government to focus on providing security to deter further displacements.

“Call on government to provide security to enable communities to return. Government and donor partners should assist in reconstructing and returning displaced communities,” the communique stated.

The GOC 3 Armoured Division Nigeria Army represented by Lt Col Abdullahi Mohammed said the Nigerian Army is committed to working closely with communities to achieve a crime-free society, urging communities to support them with credible information.

“Security is a collective effort, and we cannot do it alone, the community plays a crucial role in ensuring safety.

“We urge everyone here not to shield or protect individuals involved in criminal activities. Transparency and collaboration, together, with maximum cooperation, we can achieve peace, security, and prosperity for our society,” the GOC stated.

The National Coordinator of CONECDA, Dr. Zuwaghu Bonat in his address at the gathering noted that the theme of this year’s program, Returning, Resettling, and Rehabilitating Displaced Communities, was chosen as a wakeup call on the federal government.

He maintained that the organization is aware that President Bola Tinubu has expressed a commitment to ensuring that displaced communities return to their ancestral lands.

He said similarly, some state governments, including Plateau State, have set up committees to address the lingering matter.

The coordinator however cautioned, “It is critical that we avoid generalizations or profiling. For instance, Not all Muslims are involved in terrorism. The overwhelming majority of Muslims in Nigeria are peaceful and reject extremist ideologies. 

“We also know that some terrorists exploit religion to mobilize support or rationalize their actions. However, their atrocities – slaughtering women, cutting open pregnant mothers, and killing children show a profound disregard for humanity and God. Normal human beings would not commit such acts. 

“We must also be cautious about lumping banditry with terrorism. While statistics indicate that many bandits and kidnappers may share similar ethnic backgrounds, kidnapping has now evolved into a profit-driven enterprise. This distinction is vital to address the root causes effectively,” he stated.

The Governor of Plateau State, Caleb Mutfwang represented by his Senior Special Assistant (SSA) on Middle Belt Nationalities, Hon Daniel Kwada noted that the conference was apt to addressed the various underlying issues bedeviling the region and its people.

“We in the Middle Belt have long been standing at the crossroads of Nigeria’s complex history. Despite our tireless efforts to stabilize this nation, we have faced immense challenges, including underdevelopment, security issues, and marginalization.

“Often, we are unfairly maligned, but gatherings like this offer a chance to change the narrative. 

“Such conferences set the tone for better discussions. They allow us to drive processes that bring development, ensure security, and elevate our people to greater heights,” Mutfwang noted.

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Recapitalisation: SEC Charges Banks to Strengthen Corporate Governance

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Securities and Exchange Commission (SEC) has called on banks to reinforce their corporate governance principles and risk management frameworks to boost investor confidence during the ongoing recapitalisation exercise.

Dr Emomotimi Agama, Director-General, SEC, said this at the yearly workshop of the Capital Market Correspondents Association of Nigeria (CAMCAN) held in Lagos.

The theme of the workshop is: “Recapitalisation: Bridging the Gap between Investors and Issuers in the Nigerian Capital Market”.

Agama, represented by the Divisional Head of Legal and Enforcement at the SEC, Mr John Achile, stated that the 2024–2026 banking sector recapitalisation framework offers clear guidance for issuers while prioritising the protection of investors’ interests

He restated the commission’s commitment towards ensuring transparency and efficiency in the recapitalisation process.

The director-general stated that the key to bridging the gap between issuers and investors remained the harnessing of innovation for inclusive growth.

In view of this, Agama said, “SEC, through the aid of digital platform, is exploring the integration of blockchain technology for secure and transparent transaction processing to redefine trust in the market.”

He added that the oversubscription of most recapitalisation offers in 2024 reflects strong investor confidence.

To sustain this momentum, the director-general said that SEC had intensified efforts to enhance disclosure standards and corporate governance practices.

According to him, expanding financial literacy campaigns and collaborating with fintech companies to provide low-entry investment options will democratise access to the capital market.

He assured stakeholders of the commission’s steadfastness in achieving its mission of creating an enabling environment for seamless and transparent capital formation.

 “Our efforts are anchored on providing issuers with clear guidelines and maintaining open lines of communication with all market stakeholders, reducing bureaucratic bottlenecks through digitalisation.

“We also ensure timely review and approval of applications, and enhancing regulatory oversight to protect investors while promoting market integrity,” he added.

Agama listed constraints to the exercise to include: addressing market volatility, systemic risks, limited retail participation as well as combating skepticism among investors who demand greater transparency and accountability.

He said: “We are equally presented with opportunities which include leveraging technology to deepen financial inclusion and enhance market liquidity.

“It also involves developing innovative financial products, such as green bonds and sukuk, to attract diverse investor segments.

“The success of recapitalisation efforts depends on collaboration among regulators, issuers, and investors.”

Speaking on market infrastructure at the panel session, Achile said SEC provides oversight to every operations in the market, ranging from technology innovations to market.

He stated that the commission is committed to transparency and being  mindful of the benefits and risks associated with technology adoption.

Achile noted that SEC does due diligence to all the innovative ideas that comes into the market to ensure adequate compliance with the requirements.

On the rising unclaimed dividend figure, Achile blamed the inability of investors to comply with regulatory requirements and information gap.

He noted that SEC had done everything within its powers to ensure that investors receive their dividend at the appropriate time.

He, however, assured that the commission would continue to strengthen its dual role of market regulation and investor protection to boost confidence in the market.

In her welcome address, the Chairman of CAMCAN, Mrs Chinyere Joel-Nwokeoma, said banks’ recapitalisation is not just a regulatory requirement, but an opportunity to rebuild trust, strengthen the capital market, and drive sustainable growth.

Joel-Nwokeoma stated that the recent recapitalisation in the banking sector had brought to the fore the need for a more robust and inclusive capital market.

She added that as banks seek to strengthen their balance sheets and improve their capital adequacy ratios, it is imperative to create an environment that fosters trust, transparency, and cooperation between investors and issuers.

The chairman called for collaboration to bridge the gap between investors and issuers to create a more inclusive and vibrant Nigerian capital market.She said: “we must work together to strengthen corporate governance and risk management practices in banks, enhance disclosure and transparency requirements for issuers.” NAN

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