Mineral Governance at State Level in Nigeria: A Critical Examination of Section 19 of the
Nigerian Minerals and Mining Act 2007 and the Role of MIREMCO
Introduction
Mining in Nigeria is constitutionally and statutorily regulated within a federal framework. While
mineral resources are vested in the Federal Government, mining operations inevitably affect
land, agriculture, forests, communities, local governments and the environment within
particular States.
Section 19 of the Nigerian Minerals and Mining Act 2007 (“the Act”) responds to this
institutional reality by establishing the Mineral Resources and Environmental Management
Committee (MIREMCO) for each State of the Federation. The Committee is intended to provide
a mechanism through which federal, State and local interests can participate in the
management of the social, environmental and developmental consequences of mining.
MIREMCO is therefore an important, but sometimes overlooked, institution in Nigeria’s mining
governance framework.
- Establishment of MIREMCO under Section 19
Section 19(1) provides:
“There is hereby established for each State of the Federation a Committee to be known as the
Mineral Resources and Environmental Management Committee.”
The significance of this provision lies in the fact that MIREMCO is created directly by statute. It is
not merely an administrative committee established at the discretion of the Minister.
Consequently, its existence and core functions derive from the Act itself.
This is particularly important in a sector where mining regulation involves several levels of
government. The Committee is designed to provide an institutional bridge between the Federal
Government, State Government, Local Government and communities affected by mining.
- Composition: A Deliberately Multi-Stakeholder Institution. Section 19(2) provides for a broad
membership structure.
The Committee is chaired by a representative of the Mines Environmental Compliance
Department. Other members include representatives of:a. the State ministry responsible for land or mineral-related matters;
- the Mines Officer responsible for the State;
- the State Ministry of Agriculture or Forestry;
- the State Surveyor-General;
- the relevant Local Government Council where matters affecting that Local Government
Area are being considered;
- the State environmental department or agency; and
- the Federal Ministry of Environment in the State.
This composition is significant. MIREMCO is not intended to be simply another department of
the Federal Ministry of Mines. It is deliberately structured as a multi-agency forum.
Its membership recognises that mining can simultaneously affect: mineral development, land,
agriculture, environment, surveying, local government and communities. That is one of the
strongest features of section 19.
- MIREMCO’s Core Functions
Section 19 gives the Committee a wide range of functions. Among other things, it is required to
consider matters relating to:
- environmental protection;
- sustainable management of mineral resources;
- pollution and degradation of land on which minerals are extracted;
- mineral-resource development within the State;
- supervision of mineral exploitation;
- social and environmental protection measures;
- environmental protection programmes at community and local-government level;
- interaction between mineral-title holders and State and local authorities;
- conflicts between stakeholders; and
- other matters referred to it by the Minister.
The Committee therefore has both a regulatory-advisory function and a conflict-management
function.
- MIREMCO Is Not a Mineral Title Granting Authority
An important distinction must be made. The establishment of MIREMCO does not transfer the
Federal Government’s statutory authority over mineral titles to the States.The Act establishes the Mining Cadastre Office as the institution responsible for the
administration of mineral titles. MIREMCO does not grant Exploration Licences, Mining Leases,
Quarry Leases or other mineral titles. Its role is principally to advise, coordinate, facilitate and
assist in resolving environmental, social and stakeholder issues arising from mineral
development. This distinction is essential because the constitutional and statutory framework
governing mineral ownership and mineral-title administration remains federal. MIREMCO
should therefore not be interpreted as creating a parallel State mining-licensing regime.
- The Federal–State Interface
Section 19 is particularly important because Nigeria’s mining industry operates within a federal
system.
The Federal Government controls mineral resources and mineral-title administration, while
State and Local Governments have legitimate interests in:
- land use;
- agriculture;
- forestry;
- environmental protection;
- infrastructure;
- local economic development; and
- community welfare.
MIREMCO provides an institutional mechanism for bringing these interests into the federal
mining regulatory process. This is especially important because the absence of such
coordination can produce conflict between mineral-title holders and State or local authorities.
MIREMCO is therefore best understood as a federal–State coordination mechanism rather than
a transfer of mineral ownership or licensing powers to the States.
- Environmental Protection as a Central Function
The environmental dimension of MIREMCO’s mandate is unsurprising given that the Committee
is chaired by the Mines Environmental Compliance Department.Section 18 of the Act gives the Mines Environmental Compliance Department responsibility for
monitoring and enforcing environmental obligations imposed on mineral-title holders and for
liaising with relevant government agencies on social and environmental issues, mine closure
and reclamation. Section 19 builds upon this framework by bringing State and local institutions
into the process. This is important because environmental consequences of mining are usually
experienced locally, even where the regulatory authority is federal. A polluted river, degraded
farmland or abandoned mine site is ultimately a local problem even though the mineral title
may have been issued by a federal authority. MIREMCO provides the institutional mechanism
for bringing those local consequences into the federal regulatory conversation.
- Community Participation and Social Licence
One of the most valuable aspects of MIREMCO is its potential role in managing relations
between mining companies and host communities. The Committee is required to provide advice
and assistance to mineral-title holders in their interaction with:
- State Governments;
- Local Government Councils;
- communities;
- civil institutions; and
- other stakeholders.
This function is increasingly important in modern mining governance. Internationally,
responsible mining is no longer measured solely by the existence of a valid mining licence.
Investors, lenders and international institutions increasingly consider:
- community relations;
- environmental performance;
- social impact;
- benefit sharing;
- conflict management; and
- mine closure.
MIREMCO therefore has the potential to serve as an important institutional mechanism for
developing the social licence to operate in Nigeria.8. MIREMCO and Community Development Agreements
The Committee’s role should also be considered alongside the Act’s requirements concerning
Community Development Agreements (CDAs). A mining operation does not exist in isolation
from the community in which it operates. CDA obligations are designed to establish a
framework for the relationship between the mineral-title holder and the host community.
MIREMCO’s advisory and coordination functions can therefore complement the CDA framework
by helping address disputes and ensuring that the interests of State and local stakeholders are
considered. The Committee should not, however, be confused with the contractual parties to a
CDA. Its role is regulatory and facilitative rather than substituting itself for the titleholder and
community.
- Conflict Resolution: An Underappreciated Function
One of the most significant functions assigned to MIREMCO is advising the Minister on the
resolution of conflicts between stakeholders.
Mining disputes can involve:
- mining companies and host communities;
- mining companies and farmers;
- mining companies and State agencies;
- communities and Local Governments;
- environmental agencies and mining operators; and
- competing community interests.
A committee containing representatives from the relevant institutions is potentially better
positioned to understand these disputes than a single regulatory department. MIREMCO can
therefore serve as an early-warning and dispute-resolution mechanism, preventing relatively
small local disagreements from developing into serious operational conflicts.
- MIREMCO and the 2011 Regulations
The importance of MIREMCO is reinforced by the Nigerian Minerals and Mining Regulations
- The Regulations contain a specific provision—Regulation 163—on the State Mineral
Resources and Environmental Management Committee (MIREMCO). The Regulations also place
MIREMCO within the wider environmental-management framework beginning with Regulation
154.This is significant because it demonstrates that MIREMCO was not intended to remain merely a
statutory concept. The Regulations provide further machinery for its operation within the
environmental-management regime. The broader Part V of the Regulations deals with matters
including environmental impact assessment, environmental auditing, compensation,
reclamation, rehabilitation, social concerns in mining communities and mine-waste
management. MIREMCO therefore sits at an important point where mining regulation,
environmental protection and community interests intersect.
- The Problem of Institutional Effectiveness
The existence of MIREMCO in legislation does not automatically guarantee effective mining
governance.
A statutory committee is only as effective as:
- the frequency of its meetings;
- the quality of its technical information;
- the commitment of participating agencies;
- availability of funding;
- clarity of its mandate;
- cooperation between Federal and State authorities; and
- implementation of its recommendations.
There have historically been concerns regarding the functionality and capacity of MIREMCOs in
several States. Government has itself described MIREMCO as a mechanism intended to create
synergy among Federal, State and Local Governments for sustainable mineral development and
has acknowledged the need to strengthen its operations. This raises a broader question: Is
MIREMCO sufficiently empowered to perform the functions assigned to it by section 19?
- Advisory Power versus Regulatory Power
Perhaps the most important legal characteristic of MIREMCO is that many of its functions are
expressed in terms of “advice”. This means that MIREMCO should generally be regarded as an
advisory and coordinating institution rather than an independent licensing authority. Its
recommendations may be highly significant, particularly where they concern environmental or
community issues, but the Committee should not assume powers that the Act has expressly
vested in another institution. For example, MIREMCO cannot simply revoke a mineral title
because it considers a mining operation environmentally undesirable where the Act assigns the
revocation power elsewhere. Similarly, MIREMCO cannot grant a mineral title merely because it supports a particular mining project. The Committee must operate within the statutory
architecture established by the Act.
- Why MIREMCO Matters to International Investors
For international mining investors, MIREMCO should not be viewed merely as another Nigerian
regulatory committee. It represents an important element of Nigeria’s stakeholder-governance
architecture. An investor entering a mining project must understand that obtaining a mineral
title is only one part of the regulatory process.
Successful operation may also depend upon relationships with:
- Federal mining authorities;
- State authorities;
- Local Governments;
- environmental agencies;
- host communities; and
- other stakeholders.
MIREMCO provides an institutional forum through which many of these relationships can be
managed. For responsible investors, this can be an advantage rather than an additional burden.
An effective MIREMCO can reduce uncertainty by bringing relevant stakeholders around one
table.
- Towards a Stronger MIREMCO Framework
If Nigeria is to attract larger international investment into its mining sector, MIREMCO could play
a much greater role.
Three reforms would be particularly useful.
First: regular and transparent meetings. MIREMCO meetings and recommendations should be
properly documented, with appropriate public reporting on environmental and social matters.
Second: stronger technical capacity. Members should have access to environmental scientists,
mining engineers, land experts and community-development specialists.
Third: clearer relationship with other regulators. The respective responsibilities of MIREMCO,
the Mines Inspectorate Department, Mines Environmental Compliance Department, Mining
Cadastre Office and environmental agencies should be clearly coordinated. This would reduce
duplication and prevent conflicting regulatory directives.
Conclusion
Section 19 of the Nigerian Minerals and Mining Act 2007 represents an important attempt to
reconcile Nigeria’s federal control of mineral resources with the local realities of mining.
MIREMCO is designed to bring together Federal, State and Local Government institutions in
addressing the environmental, social and developmental consequences of mining. Its functions
extend from environmental protection and sustainable resource management to stakeholder
engagement and conflict resolution.
Its greatest strength is also its greatest challenge. MIREMCO sits at the intersection of several
institutions and interests. It must therefore coordinate without unnecessarily duplicating the
functions of the Mining Cadastre Office, Mines Inspectorate Department, Mines Environmental
Compliance Department or environmental agencies. For Nigeria, the effectiveness of MIREMCO
has implications beyond administrative efficiency. A mining regime that protects mineral
investment but fails to manage community and environmental interests is unlikely to produce
sustainable mining development.
Section 19 provides the institutional foundation for addressing that problem. The challenge is to
ensure that MIREMCOs are not merely statutory committees on paper, but functioning
institutions capable of converting federal mining policy into responsible, environmentally
sustainable and socially legitimate mineral development at State and community level
