Edosa Oviawe (Global Rights Nigeria-Program Manager)
By Smith Nwokocha
On 3rd May 2024, the global community commemorated World Press Day (WPD), which provided an opportunity to celebrate the fundamental principles of press freedom and assess the state of media freedom worldwide. Though the 2024 theme was on informing the public about the problems and solutions facing the environment and influencing concrete action to address pressing environmental problems in Nigeria, this year’s WPD came at a most perilous time for the freedom of the press in the country. Hence, the major conversations and engagements in Nigeria on May 3, 2024 highlighted recent experiences in Nigeria, indicating that press freedom is under threat, and there is a need to raise the bar for a free press in the country. We are witnessing increased deployment of state resources and the weaponization of state institutions in the attempts to gag the press in Nigeria.
Section 39 of the 1999 Constitution of Nigeria (As Amended) recognises and guarantees Freedom of Expression and the Press as a fundamental right, and Section 22 of the 1999 Constitution of Nigeria (As Amended) places the burden on the press to uphold the government’s responsibility and accountability to the people. Similarly, other international treaties and conventions, of which Nigeria is a signatory, recognise the right of the press as fundamental to the existence of democracy.
However, since the beginning of 2024, there has been an alarming surge in incidents of unwarranted arrests of journalists, mostly for revealing corruption cases and governance failures. There is the increased deliberate use of the Cybercrimes Act to stifle press freedom in Nigeria. Ironically, there is the continued application of Section 24 of the Cybercrimes Act 2015, which has been repealed in the Cybercrimes Prohibition, Prevention Act 2024 (As Amended) passed into law in February 2024 to arrest journalists. For instances, on 7 February, 2024 the Kwara State Police charged Salihu Ayatullah, Editor-in-Chief of Informant247, Managing Editor Azeez Adisa Jaji, and reporters, Abdurahman Taye Damilola and Salihu Shola Taofeek, with conspiracy and defamation under the Cybercrime Act, and the Penal Code respectively. The charges stemmed from a report alleging that the Kwara Polytechnic Rector, Mr Abdul Jimoh Mohammed made false financial claims and commissioned uncompleted projects. On 23 March 2024, Bukky Shonibare, Chairperson of the Board of Trustees for the Foundation for Investigative Journalism (FIJ), was summoned by the National Cybercrime Centre of the Nigerian Police Force and interrogated on 26 March after which she was asked to produce FIJ’s publisher, Mr. Fisayo Soyombo, over his revealing report of alleged corruption and arms dealing by personnel of the Nigeria Customs Service. On 1 May 2024, Daniel Ojukwu, an FIJ reporter, was arrested in Lagos and taken to the State Crime Investigations Department before being transferred to the National Cybercrime Centre in Abuja. He was detained for 10 days over allegations of cybercrime, following a report on the misappropriation of public funds by Mrs Adejoke Orelope-Adefulire, the Special Adviser to the President on Sustainable Development Goals (SDGs). On 15 May 2024, Nurudeen Akewushola, a reporter with the International Centre for Investigative Reporting (ICIR), received a letter from the Police Cyber Crime Centre (PCCC) inviting him for an interview arising from a petition following an ICIR report. The same day, another letter invited ICIR’s managing directors for a similar interview. This list of attempts to hound journalists and gag press freedom in Nigeria tends to be increasing by the day.
It has been reckoned globally that the beacon of democracy is, in fact, a free and fair press. Freedom of the press is respected because it is indeed the ultimate value of any democracy. Democracy is about citizen’s participation in governance; the fulcrum of that freedom is freedom of expression. The media, both conventional media and new media, play a crucial role in this. They are the vehicle or channel through which citizens can express their views, hold the government accountable, and participate in the democratic process.
Nigeria’s President, Bola Ahmed Tinubu, recently in his 2024 Democracy Day speech not only celebrated the nation’s progress but also enumerated his administration’s commitment to entrenching democratic values and economic reforms. The President, while paying tribute to some media organisations for their fight and doggedness for a return to democracy during the military regime, noted that “we could not have won the battle against military dictatorship without the irrepressible Nigerian journalists who mounted the barricades along with the pro-democracy activists”. These very profound words of the President now leave one to wonder: If the Nigerian Press is so important to this democracy, why are journalists increasingly becoming victims of law enforcement and security agents’ harassment under his watch?
Press freedom is not just about protecting journalists. In fact, when press freedom is in jeopardy, it means the citizens have lost their basic freedom to participatory governance. If citizens ever needed to rise against tyrannical tendencies by those who wield state powers against its citizens, now is that time.
A country’s democracy is only as good as its citizen’s ability to freely live, move, associate and express their views without fear. All Nigerians must therefore rise up in defence of press freedom in the country; Journalism Is Not A Crime!
Edosa Oviawe
A Human Rights and Governance Advocates and currently the Program Manager for Global Rights
The Program Manager (Mr. Edosa Oviawe), Global Rights addressing Journalists
By Smith Nwokocha
Journalists across Nigeria were trained for two days in Abuja (May 9th– 10th 2024). Ajeole Enemarie (Programme Officer, Security and Human Rights, Global Rights) welcomed all the participants and introduced Mr Edosa Oviawe (Programme Manager, Global Rights), who facilitated the first session, he started by welcoming the Journalists and thanked them on behalf of the Executive Director of Global Rights (Ms. Abiodun Baiyewu): he emphasized the discussion will be on Solid Minerals. Mr Edosa delved deeply into MINING: THE NIGERIA STORY, and contextually he said, “Nigeria is richly endowed with a variety of Solid Minerals ranging from precious metals, gemstones, and industrial minerals to energy minerals like coals and bitumen etc. These solid minerals are scattered all over the country. The mining sector in Nigeria has historically played a significant role in the country’s economy, yet this same sector has suffered decades of challenges. However, looking at the growth level, organized commercial mining in Nigeria has spanned over twelve (12) decades. The Igbo Bronze Archeological remains indicate that community mining has been ongoing in Nigeria since the 9th century AD. The discovery of Coal in Enugu in 1909 and later the rail. The decline-Two major factors contribute to it: the discovery of Oil (Oloibiri January 15th, 1956) and the Civil War. Attempts at reviving the sector; the Oil boom of the 1970s and the Government’s drive to indigenized running Companies adversely, affected efforts to resuscitate the mining Industry. The Revival: Economic downturn of the 1980’s. Action Steps to Reviving the Solid Minerals Sector. Return to Democracy 1999. The Government has sought to expand and strengthen the industry and ensure its continued growth through the launch of several initiatives. In summary, Mining in Nigeria has the potential to significantly contribute to the country’s economic development. The extractive industry in Nigeria has historically been dominated by the Oil and Gas sector, leaving other mineral resources largely unemployed.
Challenges Facing Mining in Nigeria. A) Regulating and legal challenges. B) Inconsistent Policies. C) Overlapping responsibilities between Federal and State Government. D) Unclear and tenured systems.
EIA- Environmental Impact Assessment. Who signed the Host Community’s Consent form:
Conclusion: With the right policies investments and responsible practices, Nigeria can harness its mineral wealth for sustainable development and prosperity.
UNDERSTANDING THE NIGERIA MINERALS AND MINING ACT 2007, facilitated by Emily Offodile (Founding Executive Director, Ziva Community Initiative).
She gave a brief history of the Act to Journalists with an in-depth understanding of the Nigeria Minerals and Mining Act 2007 and considered its implications for the Host Communities. The Nigerian Minerals and Mining Act 2007 (“the Act”) was passed into Law on March 16th, 2007, to repeal the Minerals and Mining Act, No 34 of 1999 to regulate the exploration and exploitation of solid materials in Nigeria.
Minerals Prospecting Mining and Quarrying: Ownership and Control of Minerals; The Act vests control of all properties and minerals in Nigeria in the state and prohibits unauthorized exploration or exploitation of minerals. All lands in which minerals have been found in commercial quantities shall from the commencement of the ACT be acquired by the Federal Government following the Land Use Act. Property in mineral resources shall pass from the Government to the person by whom the mineral resources are lawfully won, upon their recovery following provisions of the Act. This provision balances Mineral development and existing land rights, ensuring sustainable mining. Status of the holders of mineral titles granted under the repealed Act. Government Intervention: This intervention could relate to regulatory frameworks, environmental protection, and community engagement.
Mining Cadastre Office (MCO): The Act establishes the Mining Cadastre Office (MCO). The MCO has a critical role in the Administration of Mineral titles. It maintains the Cadastre registers, and essential records of mining rights, lease, and licenses. Mines Inspectorate Department (MID): The MID is responsible for overseeing mining operations safety and compliances with regulations. They inspect mining.
Mines Environmental Compliance Department (MECD): The MECD focuses on environmental matters related to mining activities.
Implications To the Mining Host Community:
Community Development Agreement (CDA): The Act enacts a regime of mandatory CDA negotiation. Protection of Interest, Community participation, Infrastructure and Social Service. Environmental protection, Fair Compensation. In summary, the Nigerian Minerals and Mining Act recognizes the critical role of host communities and seeks to create a balanced framework where mining benefits are shared equitably. CDAs play a pivotal role in achieving this goal.
PROTECTING HOST COMMUNITY RIGHTS: KNOWING THE REGULATORS, TYPES OF MINERAL TITLES AND WHAT MINING COMPANIES DO: Facilitated by Tsema Ede (Natural Resource Governance Expert).
How will the EIAs and CDAs be remedied as they affect the communities?
Mineral Resources and Environmental Management Committee (MIREMCO):
Functions of State MIREMCO:
MIREMCOS: Composition. What will be the cost of not having an active state MIREMCO? The primary consequence has been the governance failure occasioned by the Federal and State Governments. How should a state MIREMCO function? It is in the interest of the state government to ensure that the MIREMCO reiterates its policies in its advice to the Hon.Minister.
MIREMCO: Mining companies as a part of the development contingencies, be required to invest in social infrastructure especially those that EIAs have indicated that their activities will directly or indirectly impact the environment or the status quo of their host communities. The state MIREMCO may keep a catalogue of abandoned mines and mining for remediation.
How MIREMCO can optimize their efficiency: The provision of the Act and their implementation. The ECOWAS Mining Directive and the Africa Mining Vision.
NEITI, Federal Ministry of Environment and Environment Assessment Department.
NEITI: a body entrusted by law with the mandate of promoting transparency and accountability in the management of revenues from Nigeria’s Oil, Gas and Mining Sectors.
Objectives of NEITI:
The NEITI Act; accordingly, ensures due process and transparency concerning payments made by the Extractive industry.
NEITI’s challenge is reports that has largely concentrated its efforts on tracking the financial flow within the hydrocarbon to the determinant of the solid minerals sector.
Revenue Mobilization and Fiscal Allocation Commission (RMFAC): The responsibility of monitoring the accruals to and disbursement of revenue from the Federation Account; periodically reviewing the revenue allocation formulae and principles in operation to ensure conformity with changing realities; advising the Federal and State Governments on fiscal efficiency and methods by which their revenue can be increased.
RMFAC recently started to allot solid minerals.
NESREA: Empowered to make regulations setting specifically for the protection of the Environment.
Environmental Restoration: Section 114 of the Act requires that areas where mining operations are being carried out on or after the passage of the Act into law in 2004 must be restored after the operations by the grantee of the mining lease.
MAKING A CASE FOR ETHICAL MINING: HOLDING GOVERNMENT AND MINING COMPANIES ACCOUNTABLE FOR HOST COMMUNITIES’ RIGHTS. Facilitated by Edosa Oviawe.
(S 4413) Constitution of Nigeria: “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”.
The significance of Mining to the Nigerian Economy: Economic contribution, Job creation, Forex Earnings, Industrial Development-Audience Intervention, Rural Development-Audience Intervention.
Promoting Ethical Mining: What is Ethical Mining? Responsible Mining + Sustainable Mining = Ethical Mining. Ethical mining is Mining practices that prioritize environmental protection, social responsibility, and economic viability. Ethical mining aims to minimize the negative impacts of mining activities on the environment, local communities, and workers while maximizing the benefits for all stakeholders involved. Key Principles of Ethical Mining:
Environmental Sustainability: it seeks to minimize environmental degradation and promote ecosystem conservation. It minimizes the footprint of the miners’ operations and ensures the responsible use of natural resources.
Social Responsibility: Respect for the rights, interests, and well-being of the Mining Host Communities and other local communities affected by mining operations. Engage with Host Communities in a transparent and participatory manner. Respect local cultural heritage and traditional land rights- Pollution of UNESCO World Heritage Site. Address Host Communities’ concerns regarding environmental impacts, livelihoods, and social development.
Health and Safety: Prioritize the health and safety of workers and communities. Ensure compliance with occupational health and safety standards. Provide a safe working environment free from hazards and risks. Fair labour.
Ethical Mining: Represents a holistic approach to current challenges in Nigeria’s Mining Sector.
The following day, Edosa Oviawe touched on UNDERSTANDING THE IMPACT OF MINING: and recommended watching “The Water Crisis” on the Global Rights YouTube channel. He asked, does our Energy Plan think of Nigeria in the next 5o years? And another question from Ms. Abiodun Baiyewu from the video: she asked, “Does our Energy Plan take into cognizance the Electrification supply for common people? How do we do Mining in the face of Climate Change? We should do Mining in a way that promotes sustainability for Development and Mining in a manner, that does not impact the environment negatively.
MINING AND INSECURITY IN NIGERIA: Facilitated by Tsema Ede.
History of Mining and Insecurity in Nigeria: The history is complex and multifaceted, involving various factors such as illegal mining, local conflicts, political connections, and governance issues. Pre-Independence Era, after-Independence etc.
In conversing with the journalists, Tsema Ede said: “Kindness is Critical”.
The Relationship between Insecurity and Mining: How illegal mining is driving local conflicts in Nigeria. Live stories of people affected by the impact of mining alongside climate change and how companies are polluting the environment. Criminal networks fuel community violence in a bid to exploit untapped minerals.
Artisanal and Small-Scale Mining (ASM): Characteristics; Low level of Technology and a lack or limited use of mechanism. Low productivity and recovery values. Lack of safety measures and health care. Lack of environmental protection. Often informal.
Understanding the Problem: Section 1 (1) of the Nigerian Minerals and Mining Act, 2007 gives the Federal Government ownership and absolute control over minerals.
Illegal Mining and Local Conflicts: Illegal mining is a significant issue in Nigeria, particularly in the North-West of Nigeria. An estimated 80% of Artisanal mining is carried out illegally by the local population. While ASGM has the potential to be a catalyst for development, its role as a critical livelihood strategy, pervasive informality and gold’s inherent attractiveness to illicit actors result in an environment.
Simplified Representation of African Gold Supply Chain. While ASMers are the most visible manifestation of ASGM, it is the clandestine criminal consortia who hold the strings to the sector. It is a challenge to differentiate between informality and criminality. Activity ranges from small-time gold buyers engaging in relatively begin illegal.
Insecurity Factors in Nigeria’s ASGM Industry: Collaboration between politically connected Nigerians and Chinese Corporations in illegal gold mining drives rural banditry and violent local conflicts in some parts of Nigeria. The mining of large untapped mineral deposits in the area, especially gold which has strategic importance and economic value, is at the root of community violence. Illegal mining leads to violent local conflicts in two ways in the North-West. First, those funding the mining fight over control of the minefields. These sponsors are protected by some State Government and act as if they are above the law. Illegal miners often front for politically connected individuals who collaborate with foreign nationals and corporations to sell gold. The mineral is routinely smuggled to Dubai through neighbouring Niger and Togo.
Bad Leadership and Weak Institutions in Nigeria. The growth of Nigeria’s mining sector, which boasts 44 different types of commercially viable minerals worth an estimated $700bn, has stalled, among other things, insecurity.
Trends: The exchange of illegally mined gold for weapons, the use of women and girls. In the last decade, more than 8,000 people have been killed in the states of Kebbi, Sokoto, Niger, and Zamfara due to local conflict and banditry. These regions have witnessed violence stemming from long-standing resource competition between ethnic Fulani Helders and Farming Communities. The scarcity of water and deforestation exacerbate the challenge and of course Climate Change.
The Role of Women and Girls: First, girls are used in the mining fields as labourers by illegal miners. This exposes them to severe poisoning of lead dust, which results in health problems, and it also puts women in mining camps and communities at risk as attendant vulnerable. Direct Participation, Support Roles, Exploitation and Vulnerability, Environmental Stewardship.
Challenges: Gender inequalities persist in mining. Women face barriers in accessing education, and conflicts in Host Communities.
Tackling Insecurity: Insecurity in the mining sector; could be curbed using Technology, Collaboration with Security Agencies and Mining Host Communities.To address the dangers of women, girls and minors in gold and arms smuggling, the Government needs to collaborate with local communities and invest in infrastructure.
In Conclusion: The nexus of insecurity and mining in Nigeria is a complex issue that involves illegal mining local conflicts, political connections, and governance issues. Addressing these challenges is crucial for the development and growth of the mining industry in Nigeria. Formalization of sector participants; the Federal Government, through effective collaboration with Host Communities, should use Technology and Licensing Databases to improve tracking, monitoring, and formalization of Miners, particularly Artisanal Miners, who operate and generate revenues without paying taxes or royalties. This will also aid targeted support by the Government on training, access to equipment and funding, and implementing safe mining practices.
Tsema Ede closed with a quote: “If there are consequences for bad behaviour, bad behaviour will stop” and “An Institution is as strong as its Leader”.
MANAGING NIGERIA’S CRITICAL MINERALS: AVOIDING THE GREEN RESOURCE CURSE! Facilitated by Ahmad Abdulsamad (Program Officer-Natural Resource Governance Institute).
Global-rooted Organization in the critical mineral space and to see how the solid mineral will benefit the people instead of undermining their plights. How do we see a Just Energy Transition? A Just Energy Transition is an Energy Transition characterized by equity and justice in terms of both the process and the outcomes. This means that the Transition is well-governed, supports people’s right to say in the decision-making process and prioritizes Policy outcomes that minimize inequality, injustice, and exclusion domestically and internationally.
NRGI- is working to shape a future beyond oil for Nigeria, which shall entail the gradual and responsible phase-out of fossil fuels.
Emerging Issues in Nigeria’s Solid Mineral Sector? The Nigerian Energy Transition Plan (ETP) should be clearer about the role of critical minerals. 324 more exploration licenses were issued in 2021 (62.79% increase from 2020), showing continued interest in mineral exploration. ASM Operators increased by 85% from 1,273 in 2020 to 2,336 in 2021 across six zones but lack supporting data for production.
What are Critical or Transition Minerals? Critical minerals are those that are needed for Renewable Energy and Electrification Infrastructure, Wind turbines, Solar PVS, and EVS.
What is the Resource Curse? The term Resource Curse encompasses the significant social, economic, and political challenges that are unique to Countries Rich in Oil, Gas and Minerals. Many Oil, Gas and Mineral-rich countries have failed. What is the Resource Curse? (Oil Sector for example) Critical Minerals and Corruption? Why are critical minerals high risk? Commodity boom dynamics. New players and new roles. Poor Governance Jurisdiction.
What Corruption Risks Might Emerge in the Critical Mineral Space? What do we mean by corruption? Corruption, abuse of entrusting power for double gain. Licensing: bribery to influence awards, favouritism in licensing procurement, collusion, or manipulation by companies to influence awards processes, manipulation of the environment and social assessment processes, manipulation of community consultation, undue private influence over laws. Revenue Collection: undue influence on revenue collection, laws and regulations, Corruption, or favouritism to influence revenue collection. Social and Environmental Impacts: undermining the integrity of EIAs, Community consultation and land access negotiation, undue private influence over laws, regulations and oversights institutions, concealment of environmental damage and avoidance of liability for rehabilitation, corruption in contracting, sub-contracting, or hiring allows unsafe/unfair working conditions, Extortion of facilitator, Erosion of civic space. Are these issues like those we have experienced in Nigeria? and the answer is yes!
How to Prevent Corruption in Mineral Sectors? Adopt and protect local communities and Hold Corrupt Actors accountable.
REFLECTION ON MINING HOST COMMUNITIES IN NIGERIA: COMMUNITY RIGHTS AND THE DEVELOPMENT RIGHTS Facilitated by Tsema Ede & Andrea.
The essence of this session is to assess the state of Mining Host Communities in Nigeria and highlight the peculiar challenges. International Frameworks for the Rights of Mining Host Communities. Nigeria is a signatory to several International Human Rights Treaties that provide for the protection of Communities. The UN Declaration of Human Rights (UNDHR), The UN Declaration on the Rights of Indigenous People (UNDRIP), The International Labour Organization (ILO) Convention 169, The Voluntary Principles, the UN Convention on the Law of the Sea (UNCLOS) etc.
National Legal Frameworks for the Protection of Mining Communities: The 1999 Constitution of the Federal Republic of Nigeria, as amended; The Nigerian Minerals and Mining Act 2007, The Child Rights Act of 2003, The Violence Against Persons Prohibition Act and Laws of the Various States, The Anti-Torture Act of 2017, Employees’ Compensation Act 2010, HIV and AIDS (Anti-Discrimination) Act 2014, Immigration Act 2015, Industrial Training Fund Act, Chapter 19, LFN 2004, National Health Insurance Authority, Nigerian Oil and Gas Industry Content Act. Etc.
Rights Of Host Community Under the Nigerian Minerals and Mining Act Of 2007.
Enhancing Host Community Development. Protecting Cultural Heritage. Rights of owners or occupiers to graze or cultivate (Land Use Rights). Right to Community Development Agreement (CDA) fostering Sustainable Development.
The Impact of Mining Activities on Host Communities in Nigeria.
Challenges in Attracting Foreign Investment: despite these regulatory reforms, Nigeria has struggled to draw significant foreign investments in its mining sector. Health and Environmental Impacts: the consequences of mining activities extend beyond economic considerations, particularly evident in states like Zamfara State. Here, gold mining has resulted in health repercussions. Safety hazards and community concerns: criminal networks and community violence. Violation of Host community rights.
Manifestations of Human Rights Issues in Mining Host Communities: Threat to livelihoods. Monopolization of resources. Loss of income from the mine following closure. Misuse of revenue (corruption) by Government officials. Social Disruption: Environmental Degradation. Degradation (deforestation, poor waste management) can lead to land erosion, water contamination, and Labour Exploitation.
Challenges in Reaching Host Communities Rights in Nigeria:
Lack of Enforcement.
Lack of Transparency.
Corruption.
Weak Regulatory Agency.
Ethical Reportage on Host Communities Rights in the Extractive Sector:
Accuracy and Context: Journalists should ensure accurate and contextual reporting on Host Communities Rights, providing a comprehensive understanding of the socio-economic and environmental factors at play. Community Perspective: journalists must include voices from the Host Communities themselves allowing them to share their experiences, concerns, and aspirations, regarding mining activities. Impact Assessment: Reporting should delve into the impacts of mining operations on Host Communities, including social economic, and environmental effects, to provide a balanced portrayal of the situation. Transparency and Accountability. Conflict Sensitivity: Sensitivity to potential conflicts arising from mining activities is essential. Journalists should report on tensions, grievances, and disputes fairly and rationally to avoid sensationalism or exacerbating existing conflicts. Human Rights Lens: Reporting should be framed within human rights. Cultural Sensitivity: Respect for the cultural heritage and traditions of Host Communities should guide reporting. Solutions-Oriented Reporting: Journalists should also explore potential solutions and best practices for addressing most Communities’ issues, promoting constructive dialogue.
PHwakawaka 