Governor Otu signs Executive Order 1 of 2024 to protect mining communities

…against insecurity, exploitation and collection of surface rent from mining entities

The Governor of Cross River State, Senator (Prince) Bassey Otu, has signed into law Executive Order No. 1 of 2024 for the Protection of Mining Communities across the 18 Local Government Areas of the State against insecurity, exploitation and collection of surface rent from Mining Entities operating in any part of the State.

This was contained in a press release with reference number CR/MOI/AD/396/S.2/VOL.V/466, signed by Hon. (Dr) Erasmus Ekpang, Commissioner for Information, on Saturday, 17th August 2024.

Governor Otu while signing the Executive Order into operations with effect from Wednesday,14th August 2024, in his Office in Calabar, noted that the “Order has become very imperative in recognition of the need to protect all the State’s rich mineral resources endowed communities against exploitations, insecurity, criminality, restiveness, unauthorised infiltration capable of inducing tension leading to the breakdown of law and order as well as full-blown crises,” adding that, “the Executive Order is to guarantee that all Mining Companies and Individuals operating in the State pay their surface rent consistently to promote safety, peace, security and good governance across the State.”

Under the Executive Order and in compliance with section 16 of the Minerals and Mining Act 2007, every Mining entity or individual must obtain the Community Consent and Development Agreement which must be vetted by the Ministry of Justice in order to avoid multiplicity as well as guarantee that the Community Development commitments are not at variance with the State overall Development Master Plan.

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The Order also provides for the verification of Entities and Miners with authentic Lease and Licence from the Federal Government in line with section 15 sub 4 of the 1999 Constitution as amended, emphasising that the profiling shall be done in liaison with the Commissioner of Police in the State, taking into cognisance the provisions of the Land Use Act in Section 5 sub 1a, while the Ministry of Environment is to follow up with the Entities and Miners to ensure the restoration and reparation of the integrity of the land in accordance with all relevant laws.

In addition, the Order further empowers the Ministry of Land to grant approval for physical Infrastructural Development by any Entity in any part of the State while the Ministries of Justice, Environment, Mineral Resources, Local Government Councils, the Traditional Institutions and the Cross River State Internal Revenue Service are to collaborate effectively to guarantee compliance on collection of Surface Rents, enforcement of the Order and prosecution of defaulters.

The Executive Order also provides for the authority to impose and collect Surface Rents, the Surface Rent Charge per Mineral Type per Cadastre and Cadastral Units, as well as the guidelines for collection, the due date for payments from the period of issuance of demand notices and remittance of the Fee to the State Accounts.

According to the Order, the Cross River State Executive Council is empowered to review the provisions of the Order every three years while its application shall be done in conjunction with other relevant extant laws in the State as well as those to be issued in the future pursuant to the Executive Order 1 of 2024.