Governor Bassey Otu of Cross River State has signed an Executive Order to protect all mineral-rich communities in the state from exploitation, insecurity, criminality, unrest and unlawful infiltration.
Executive Order No. 1 of 2024 aims to protect mining communities in the 18 LGAs of the state from insecurity, exploitation and the unauthorized collection of surface rents by mining companies operating in any part of the state.
The regulation will come into force on Wednesday, August 14, 2024.
Otu noted that the order had become imperative to ensure that all mining companies and individuals operating in the state consistently pay their open pit rent to promote security, peace, order and good governance throughout the state.
In a statement signed by the Information Commissioner, Erasmus Ekpang, the governor said: “As per the Executive Order and in accordance with Section 16 of the Minerals and Mining Act, 2007, any mining company or individual is required to obtain community consent and development agreement, which must be vetted by the Ministry of Justice to avoid duplication and ensure that community development commitments are consistent with the overall development plan of the state.”
“The order also provides for the verification of companies and miners with authentic leases and licenses from the Federal Government, in accordance with Section 15, Subsection 4 of the 1999 Constitution, as amended.”
He stressed that profiling should be done in coordination with the State Police Commissioner and taking into account the provisions of the Land Use Act in Section 5, Paragraph 1a.
The Ministry of Environment will liaise with companies and miners to ensure the restoration and repair of the integrity of the land in accordance with all relevant laws, he said.
“Furthermore, the regulation empowers the Ministry of Lands to issue permits for the development of physical infrastructure by any entity in any part of the state, while the Ministries of Justice, Environment, Mineral Resources, Local Government Councils, Traditional Institutions and the Cross River State Revenue Authority must work together effectively to ensure compliance in the collection of surface rents, enforcement of the regulation and prosecution of defaulters.”
Governor Otu also noted that the Executive Order provides authority for the assessment and collection of surface rents, including surface rent fee per mineral type per cadastral and cadastral units. It also provides guidelines for collection, due date for payments from the period of issuance of payment notices and remittance of fees into government accounts.
According to the regulation, the Cross River State Executive Council is empowered to review the provisions of the regulation every three years, in conjunction with other relevant existing laws of the state and those that may be enacted in the future pursuant to Executive Regulation No. 1 of 2024.
