RE: LEGAL OPPOSITION TO PLATEAU STATE EXECUTIVE ORDER NO. 001 OF 2025 ON MINING SUSPENSION

Your Excellency,

I respectfully write to express strong opposition to Executive Order No. 001 of 2025, which suspends all mining activities in Plateau State for security reasons. While I acknowledge the State Government’s concerns regarding illegal mining, insecurity, and community safety, this Order exceeds the constitutional and statutory powers of the State Government and is legally unenforceable.

1. Mining is Exclusively Regulated by the Federal Government

The 1999 Constitution of the Federal Republic of Nigeria (as amended) clearly places mining under the Exclusive Legislative List (Second Schedule, Part I, Item 39). This means:

• Only the Federal Government has the legal authority to regulate, control, and enforce mining activities across Nigeria.

• Any attempt by a state government to regulate or suspend mining activities directly contradicts the Constitution and is therefore null and void (as per Section 1(3) of the Constitution, which invalidates any law or action inconsistent with federal law).

Additionally, the Nigerian Minerals and Mining Act, 2007 (NMMA) reinforces that:

• All mineral resources belong to the Federal Government (Section 1).

• Only the Federal Ministry of Mines and Steel Development and its agencies (such as the Nigerian Mining Cadastre Office) have the power to grant or revoke mining licenses.

• State governments do not have legal authority to suspend mining operations as this is exclusively under federal jurisdiction.

Thus, Plateau State lacks the legal authority to unilaterally suspend mining operations, making Executive Order No. 001 of 2025 ultra vires (beyond the Governor’s powers).

2. Misinterpretation of Legal Provisions

The Executive Order cites Section 5(2) of the 1999 Constitution, Section 1 of the Land Use Act (2004), and Sections 116 and 117 of the Minerals and Mining Act, 2007 as its legal foundation. However, these provisions do not grant the Governor the authority to suspend mining operations:

• Section 5(2) of the Constitution only grants state executive powers within the limits of federal law. Since mining is a federal matter, the Governor’s directive is unconstitutional.

• The Land Use Act (Section 1) vests land administration in the Governor but does not grant control over mineral resources—which remain under federal jurisdiction.

• Sections 116 and 117 of the Minerals and Mining Act, 2007 only empower federal authorities to address mining-related security concerns, not state governments.

Therefore, the legal references in the Executive Order do not justify a state-wide suspension of mining activities.

3. Adverse Economic and Investment Consequences

The suspension of mining activities in Plateau State will have severe negative impacts on the economy, including:

• Job Losses: Thousands of workers, including local laborers and licensed miners, will be forced out of employment.

• Investor Uncertainty: Mining investors and companies may relocate to other states, leading to loss of revenue for both the federal and state governments.

• Illegal Mining Surge: A blanket suspension may drive more mining activities underground, increasing criminal operations rather than reducing them.

A more strategic approach—such as targeted security enforcement rather than an outright suspension—would be more effective in addressing insecurity.

4. Alternative Legal Approaches for the Plateau State Government

Rather than issuing an unconstitutional mining ban, the Plateau State Government should:

• Collaborate with the Federal Ministry of Mines and Steel Development to implement a security and monitoring framework that does not violate federal laws.

• Leverage the Land Use Act to regulate land access while respecting federal mining regulations.

• Enhance Community Development Agreements (CDA) by working with host communities and licensed mining companies to ensure local benefits.

• Strengthen law enforcement in mining areas through legal channels such as requesting special security interventions from the Federal Government.

5. Conclusion: A Call to Rescind the Order

While security concerns in mining areas are valid, Executive Order No. 001 of 2025 is unconstitutional, legally indefensible, and economically damaging. I urge the Plateau State Government to rescind this order and adopt legally compliant, collaborative solutions with the Federal Government to address the security challenges in the state.

Respectfully submitted,

By: P.L Silent Observer

EDWARD PWAJOK, SAN, LB, KSG, MOURN AS CHIEF EDWIN CLARK DIES AT 97

The loss of Chief Edwin Clark coming so soon after that of Pa Ayo Adebanjo is sad. The two of them were like Fathers to me .

I was privileged to meet them in person about four or five times at Chief Clark’s house at Halle Sellase Street, Asokoro , Abuja between 2022-2023.

Whenever the Likes of the late Chief Iwuanyanwu referred to the duo as their fathers , I referred to them as my grand pas . In spite of their advanced age, I was struck by their deep memories and sharp intellect. They reeled accurate figures and dates of events that occurred in our country as far back as the 1940s from the benefit of their participation and not what they read from books that belied their age .

The two nonagenarians were patriotic. It was love for their fatherland that kept them in the trenches and they feared no mortal . Each time I encountered them , I was inspired to be courageous and to stand for principles and love my fatherland . Not for them cowering before potentates .

They had clear visions of the kind of country they wanted and fought with all their remaining strength to get nigeria back on track . They fought the good fight, finished the race and now wear the crown of righteousness .

Chief Clark fittingly wrote his autobiography called ‘brutally frank’ before his departure. I remember he used to regularly say that he was at the departure gate waiting for the last call . God kept him so long at that gate for us to benefit from his tremendous knowledge and wisdom. I know the contents of the book would be brutally frank . It is a measure of the quality of the book that it is not in the market because of its scarcity. I have been looking for it in bookshops or bookstores in our major cities to no avail . The booksellers always told me that buyers rush and buy all copies the minute they are supplied . I will be glad if anyone can let me know how and where I can get a copy to buy .

Generations unborn will remember the duo. They were a rare breed , who in spite of their different backgrounds bonded together in the twilight of their lives for the benefit of nigeria . What a co incidence that they died almost at the same time . It will take sometime for even their opponents to adjust to their absence . Their absence will be felt when their weighty voices will not be heard at momentous moments in the nation or when the need to cry out for justice arises as they often do .

Their passage is truly a colossal loss to the nation at a time those who have the courage to differ from those in power are becoming endangered species. I will continue to write on the two icons who have joined the pantheon of deceased heroes . Adieu Papa.

Edward G Pwajok , SAN .

HEARTFELT APPRECIATION

On behalf of myself and beautiful wife; I wish to express our heartfelt and overwhelming joy for your indebtedness,valuable support.

We are deeply grateful to our family,the church, friends and colleagues for your contributions in cash and kind, standing by us in prayers, you stood by us out of your crowded schedules to grace, prayed and witness our wedding.Time and space will not be enough to mention your names but permit me to appreciate the church, Cocin LCC Kufang,Jos East LGC, NPF Anglo Jos, my in-laws, friends and well wishers.

We are deeply grateful and we pray the Lord bless and honour you all.

Thank you.

Mr & Mrs Zion Ayuba Chirtau

GOVERNMENT COLLEGE BOKKOS OLD STUDENT'S ASSOCIATION (BOKOSA)

The newly sworn-in National President of Bokkos Old Students Association (BOKOSA), Mr. Aaron Selleng, has pledged to continue the good legacies of the past Executive Council. 

In an acceptance speech shortly after the  taking over the mantle of leadership at De-bridge Vile Hotel, Jos, during the Plateau Chapter annual meeting, President Selleng promised to do even better rather than collapse the good efforts of the outgoing President and his Executive Council.

Aaron sought the cooperation of the Executive Council and members, pointing out that there is no association that thrives without the support of its alumni. He pledged to operate an open-door policy, encouraging members to bring their positive criticisms to the table.

 While soliciting the outgoing Executive Committee's continued involvement, he emphasized the importance of their wealth of experience in enabling the new EXCO to succeed.

Earlier, the outgoing President, Joel Gatba, congratulated the new Executive Council and promised to make himself available whenever needed. Gatba enumerated some of his administration's achievements, including several notable initiatives, and encouraged the new Executive Council not to relent in bringing new ideas to move the association to greater heights.

The newly sworn-in Executive Council, expected to chart a new course for Bokkos Old Students Association (BOKOSA), includes Mr. Aaron Selleng, President; Mrs. Grace Garba, Vice President; and Mrs. Krist Hicenth, Secretary-General. Other members are Mrs. Yop Joy, Assistant Secretary-General; Mrs. Zainab Umar Ukpo, Treasurer; Mrs. Rotmwa Murphy, Financial Secretary; Mrs. Sabarka Bawul, Public Relations Officer; Mrs. Florence Michael, Director of Socials; and Mr. James Makama, Disciplinarian. The position of Ex-Officio went to Mr. Joel Gatba., respectively.

The highlight of the event was the  handing over of the mantle of leadership between the past and new Executive Council.

Signed,

Sabarka Bawul

National Public Relations Officer

Bokkos Old Students Association (BOKOSA)

GOODWILL MESSAGE: The Executive Chairman of Jos East Local Government Council, Hon. Chief Markus Usaini Nyam

The Executive Chairman of Jos East Local Government Council, Hon. Chief Markus Usaini Nyam, on behalf of the Executive, Legislative, Stakeholders and the entire citizens of the Local Government Area wishes to felicitate with His Royal Highness, the Agbang Agwom Izere, Reverend Dr Isaac Azi Wakili JP, Ambassador of Peace on his 75th birthday anniversary. As you step  into the new year  in your  age, its called for reflection on the achievements on the previous years and target to achieve in the incoming year.  As a Local Government, we are proud to identify with you  as you have remain committed towards enhancements of peaceful coexistence, unity and progress of Izere Nation. It is therefore our sincere prayers that God Almighty will grant you good health and long life to continue reign. Once more congratulations,  happy birthday and wishing long life. 

ANNOUNCER: Hon. Chief MarKus Usaini Nyam, Executive Chairman, Jos East LGC