Mutfwang lacks power to suspend mining activities in Plateau, says Ayodele Kusamotu

Ayodele Kusamotu, a lawyer, says Caleb Mutfwang, the governor of Plateau, has no power to suspend mining activities in the state through Executive Order 001 of 2025.

On February 21, Mutfwang suspended all mining activities in the state, citing “security reasons”.

The governor said the suspension, which is with immediate effect, subsists until further notice.

In a statement on Wednesday, Kusamotu described the order as “ultra vires and unconstitutional”.

He said under the 1999 constitution, mining falls under Item 39 of the exclusive legislative list, making it solely the responsibility of the federal government to regulate and make laws affecting miners and mining.

The lawyer also criticised the executive order, stating that it was poorly conceived and detrimental to the state’s economic development.

“It has the effect of scaring investors away not just from Plateau state but the country,” Kusamotu said.

“The mere mention of security actually makes a mockery of the action. It is just like saying armed robbers invade houses so no one must live in a house.”

He asked the governor to address security challenges rather than encroach on the jurisdiction of the ministry of mines.

The mining lawyer noted that upper area courts in Plateau frequently issue orders restricting mining activities.

He added that licensed miners are facing threats everywhere, with a misleading narrative being promoted to deceive the public into believing that action is being taken.

Expressing dissatisfaction with the Miners Association of Nigeria, Kusamotu vowed to establish a new association to protect miners’ interests.

He said that several issues, including the arbitrary increase in annual service dues by the minister, remain unresolved.

“Furthermore, due to the lackadaisical attitude of the Miners Association of Nigeria, the rights of operators are being trampled upon,” the lawyer said.

“Most operators are scared of challenging several unlawful actions for fear of victimisation. However, that will not help. They have to stand up against these things.”

Kusamotu also raised concerns about the impact of insecurity on Nigeria’s mining sector, noting that the country has been categorised as a “war zone”.

The classification, he said, has made it difficult to sell Nigerian minerals in the western market without special certifications.

“Rather than help set up these centres, the governor is reinforcing the ‘false’ label placed on Nigeria,” he added.

“The apparent self indictment is mind boggling in declaring to the world that his state is closed to mining and unsafe. A loss of investors and Nigeria.”