Ukorebi Esien | April 28, 2016
CALABAR –Fresh tension is brewing in the mining sector as the Federal Ministry of Solid Minerals Development has linked an aide to Cross River State Governor, Prince Paul Efiong, to alleged illegal mining activities, raising concerns over regulatory breaches, revenue losses, and a widening rift between federal and state authorities.
The allegation was made by the Federal Mines Office through its representative, Engineer Ayelabola Ulugbome, who accused the Cross River State Anti-Illegal Mining Task Force, reportedly led by Efiong,of operating outside its legal mandate and enabling activities that undermine federal oversight.
Speaking in an interview, Ulugbome warned that the actions of the task force amount to unlawful interference in a sector constitutionally reserved for the Federal Government.
“Mining regulation is under the exclusive legislative list, and the Federal Government, through the Ministry of Solid Minerals Development, has the sole authority to regulate and enforce compliance,” he said. “Any parallel structure that acts outside this framework not only creates confusion but also opens the door to illegal practices.”
He further alleged that the task force has been complicit in the illegal evacuation of mineral resources, particularly iron ore, resulting in significant revenue leakages to both the Federal and State Governments.
“There are clear indications of unauthorized evacuation of mineral resources. This translates to huge financial losses that should ordinarily accrue to government at all levels,” Ulugbome added.
The Federal Mines Office also referenced a February 2026 judgment of the Federal High Court, which it said reaffirmed the exclusive authority of the Federal Government over the control and management of solid minerals across the country.
Under the Nigerian legal framework, particularly the Minerals and Mining Act, mineral resources are vested in the Federal Government, which is responsible for issuing licenses, regulating operations, and enforcing compliance. While state governments may play supportive roles, especially in areas such as land access, environmental protection, and community relations, they do not possess the constitutional powers to independently regulate mining activities.
Legal analysts note that any enforcement structure not aligned with federal regulations risks being declared ultra vires, especially where it interferes with licensed operators or facilitates unregulated extraction.
The controversy has also drawn in the Cross River State House of Assembly, following a recent oversight visit to mining and quarry sites. Ulugbome faulted the exercise, alleging that it did not follow due process.
"Oversight is a legitimate legislative function, but it must be carried out within the confines of the law and in collaboration with the appropriate federal authorities. That was not the case here,” he said.
Despite the ongoing dispute, officials of the Federal Ministry insist that efforts to enforce environmental standards and protect host communities remain on track.
Engineer Ibe Muduma, Mines Environmental Officer, stated that the Ministry has strengthened compliance with environmental laws and ensured the implementation of Community Development Agreements (CDAs) between mining companies and host communities.
“We are committed to ensuring that mining activities are carried out responsibly. Environmental protection and community benefits remain a top priority for the Ministry,” Muduma noted.
The development is expected to have political implications for the administration of Governor Bassey Otu, as scrutiny intensifies over the role of state actors in federally regulated sectors. Observers warn that the situation, if not carefully managed, could escalate into a broader intergovernmental conflict.
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