The enforcement of mining regulations by a state-backed task force has been declared illegal by a Federal High Court in Calabar, which also faulted the actions of Prince Paul Effiong.
Delivering judgment in Suit No. FHC/CA/CS/41/2025 between Olayi Mines & Energy Ltd and others against the Cross River State Government and 10 others, the court held that the regulation of mining activities falls exclusively within the jurisdiction of the Federal Government.
The court found that the task force set up by the Cross River State Government overstepped its bounds by interfering in mining operations, including the seizure of equipment belonging to the plaintiffs.
Justice Ijeoma L. Ojukwu specifically faulted the conduct of the 4th defendant, Prince Paul Effiong, noting that he “presented himself as the enforcement agent” despite lacking the statutory authority to carry out such actions.
The court held that the powers to “moderate, control, administer or regulate mining activities” are not vested in the state or its agents, but in federal authorities such as the Mining Cadastre Office and relevant agencies under the Nigerian Minerals and Mining Act, 2007.
It further ruled that the actions of the task force amounted to an unlawful incursion into the responsibilities of federal institutions, stressing that any concerns about mining operations should have been referred to appropriate federal bodies.
“The 4th defendant cannot usurp the powers of the 8th to 10th defendants in the guise of giving effect to Executive Order No.1,” the court held, adding that his actions were “inconsistent with his terms of reference.”
The court also dismissed the preliminary objection filed by the 4th defendant, describing it as unmeritorious.
In addition, the court held that the Nigerian Army and the Attorney General of the Federation were not necessary parties to the suit, noting that no cause of action was established against them.
The judgment reinforces the constitutional position that mining and mineral resources fall under the Exclusive Legislative List, thereby limiting the powers of state governments in regulating the sector.
Legal observers say the ruling could have far-reaching implications for state task forces operating in the mining sector across Nigeria.
