The recent federal government’s defence of the action of the Bello Matawalle-led Zamfara State government taking hold of gold deposit in its domain, mining and selling same against the provisions of the law is unacceptable, illegal and an affront on other mineral producing states of the federation.
In a statement signed by Etore Thomas, Head of Press and Public Relations in the Ministry of Mines and Steel Development, the federal government stated that “The gold displayed by Zamfara State government is called Dore bars (Semi-processed gold)…. federal government encourages state governments to be part of exploitation of minerals in the country by incorporating a limited liability company with which to approach the Ministry for a license for Mining or buying centres.
Zamfara state government had justified its action by saying that the project was driven by economic and social considerations. It further said that the state government took a loan of N5billion from the Central Bank of Nigeria with an agreement to sell the gold to the apex bank.
But no law of the country permits Zamfara or any state government to control and manage gold or any other mineral deposits in the state. What the state government has done is an act of illegality which if not properly addressed, some regions particularly the oil producing states would have no option than to assume control of oil and gas in their states, with dire consequences on the economy and nation.
Mineral resources remains on the Exclusive Legislative list as enshrined in the 1999 Constitution (as amended). Section 44(3) states that “the entire property in and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria, shall vest in the Government of the Federation and shall be managed in such manner as may be prescribed by the National Assembly.”
Also, the Nigerian Minerals and Mining Act, 2007 lucidly states in section 1(1) and (2) that: “all mineral resources in, under or upon any land in Nigeria, its contiguous continental shelf and all rivers, streams, and watercourses throughout Nigeria, any area covered by its territorial waters or constituency and the Exclusive Economic Zone is and shall be vested in the Government of the Federation for and on behalf of the people of Nigeria”.
We cannot as a nation apply laws to the point that it becomes discriminatory because if people are allowed to process for their solid minerals, others should also be allowed to do same for their oil. Every community and village in Nigeria is blessed with one form of mineral resource or the other. But should every community rise and say they want to control their resources, Nigeria will one day become a banana republic and there would be no control, hence no country or state.
Take a look at the Niger Delta States; almost every community in the region is blessed with crude oil and gas deposits. If each decides to control its own mineral resource, certainly there would be crisis and battles that would consume the nation.
A state governor like that of Zamfara that swore to uphold the constitution of the Federal Republic of Nigeria ought to keep to the oath he took than embarking on a project that has the potential of tearing this country apart.
Considering the Zamfara gold misadventure as a breach of the 1999 Constitution, as amended and other extant laws, we believe it is wrong for the Central Bank of Nigeria to use money from the federation account to patronize the business of one state. Therefore, the purchase of N5 billion worth of gold contract between the CBN and Zamfara State Government should be cancelled.
That many prominent Nigerians have criticized the action shows its unpopularity.
Nigerians are beginning to wonder who owns this gold that is being sold to the CBN. They don’t sell oil in any of the Niger Delta States. We wonder why a governor of a state should be selling gold bars from Zamfara to the CBN. Could it be that there is a hidden beneficiary of the gold deal? Why would Mr. President quickly endorse the deal against the provisions of the laws?
A situation where Governor Matawale can mine and sell gold and make revenue for Zamfara State, but a governor in the Niger Delta cannot drill crude and sell it to generate revenue for his state, smacks of hypocrisy and double standard. What this has done is to expose the inconsistencies of the Nigerian State. Federal Government should not apply separate rules to different sections of the country.
