…but calls for recognition of landowners and hosts.
by Christiana Gokyo, Jos
The Berom Youth Molder-Association (BYM) says it acknowledges and respects the Constitutional and Statutory position that vested mineral resources in the Federal Government and administration of same, in accordance with the applicable mining legislation.
Nevertheless, BYM kicks against any form of negligence of landowners, saying, “Even though, the fact that mineral resources belongs to the Federal Government, it does not, however, obliterate the rights and interests of lawful landowners and hosts.”
President of BYM, Dalyop Solomon Mwantiri, Esq, while referring to the communities in which the same relevant laws are imbedded, noted that: “It is understandable that granting of a Mining title does not, in itself, extinguish the lawful rights and interests of persons who own or occupy the land upon which mining activities are to be or being conducted.
“In the same vein, Mining Operators must comply with the applicable legal requirements concerning access to land, community relations, environmental obligations, compensation and host-community development.”
Briefing newsmen in Jos on Wednesday, at the NUJ Press Center Jos, the Berom Youths President said “The BYM has observed a disturbing development at a mining site in Latya Community of Du District, Jos South Local Government Area of Plateau State, where a questionable Mining Lease No. ML-129 issued to Mr. Joshua Egbagbe, whom we view did not only fail to follow and observe due process in pursuance of the said Mining Lease, but his continued exhibition of recklessness-arbitrary arrest and detention of some community members, abuse of due and court process, utter disregard to host community and revered Traditional institution, unwarranted use of force through the instrumentality of the Nigerian Police Force and Nigerian Security and Civil Defence Corp personnel he sought for their deployment to harass and frustrate as well as shut down the mining site which the BYM consider as unacceptable to the sensibility of our Nationality.
“We are particularly disturbed by incidences of arrest and detention of members of the Latya community arising from the mining controversies at the instance of Mr. Joshua Egbagbe, and demand the immediate release of any community member being unlawfully detained in connection with the issue at hand.”
He also called for an immediate investigation into all reported arrests at the instance of Mr. Joshua Egbagbe or any other person; and to put an end to the incidences of intimidation, harassment and threats against members of the community.
According to him, “Mr. Joshua Egbagbe should be restrained from using the Police or any security personnel as a means of intimidating or harassing members of the host community; and that any criminal allegation against a community member be investigated independently on its merits, rather than being used as a means of settling the mining dispute.
“While we are also aware of cases reportedly instituted or initiated against members of the community, following complaints attributed to Mr. Joshua Egbagbe, we call upon the Attorney-General of the Federation or that of Plateau State to immediately take over the prosecution of these cases and terminate them, for public interest, and this will help to restore peace to the community.
“Where any case has been instituted without sufficient legal basis, we call upon the appropriate prosecuting authority and/or court to take the necessary lawful steps to discontinue or otherwise bring such proceedings to an end,” he disclosed.
He also emphasized that no person should be arrested, prosecuted or detained merely because he or she challenges a disputed mining title or asserts a lawful interest in community land.
“In the absence of a valid court order or lawful directive from the competent authority authorizing the continued occupation of the mining site, we call upon the Plateau State Police Command and any security personnel to vacate the Latya Mining Site within 24 hours.
“The presence of armed security personnel at a disputed mining site has heightened tension and created fear among members of the community,” he added.
“The Berom Youth Molders calls on the Hon. Minister of Mines, Steel and Solid Minerals Development, the Mining Cadastre Office, the Plateau State Government, the Commissioner of Police, Plateau State Command, and other relevant authorities to swiftly act anticipatorily on the following prayers:
The BYM President also demands the immediate revocation of the purported Mining Lease No. ML-129 by the Mining Cadastre Office or any office that is saddled with such responsibility, and should investigation into the relationship between ML-126 and ML-129, and whether or not it is tenable within the relevant legislations and regulations for two Mining Leases to cover the same land.
The BYM further demands the investigation into the circumstances under which ML-129 was purportedly processed, granted and/or became associated with the disputed land, and verification of compliance with the applicable Community Development Agreement requirements.
Dalyop Mwantiri also called for the investigation by the Plateau State Commissioner of Police into who requested and authorized the deployment of Police personnel to Latya; and also investigation by the Federal Government into the circumstances surrounding the use of the Police and Civil Defence at the mining site.
“Cause an immediate cessation of the use of Police personnel or any security personnel to intimidate, harass or unlawfully arrest members of the community and any Plateau person in connection with the mining area in view; immediate release of community members who are being unlawfully detained.
“Cause a discontinuance and/or review of all cases initiated against members of the community at the instance of Mr. Joshua Egbagbe, if found to have no proper legal foundation, and withdrawal of Police personnel or any security personnel from the mining site on account of Mr Joshua Egbagbe within 24 hours; Immediate.”
He called for the prosecution of Mr. Joshua Egbagbe by relevant authorities, including Plateau State Government, if found that he truly declined and defied appearance before the Committee set up to verify the authenticity of all Mining Operators on the Plateau as unambiguously directed by the Executive Governor and any other measure or step deemed necessary in the circumstance of this disturbing development.
He assured that the Berom Youth Molders do not support violence, destruction of property, confrontation with security agencies or any other unlawful conduct, and demands for justice, transparency, due process and the rule of law.
“We call upon members of the Latya community and youths of Du District as well as Berom Nationality to continuously remain calmed and peaceful, while anticipating Government action(s) towards addressing these concerns raised.
“However, if the Federal and Plateau State Governments fail to respond to these demands and fail to revoke mining lease ML-129 within one week period, we shall exercise our constitutional right to peaceful assembly and lawful protest to stem an observed abrogated over-reachment of Mr Joshua Egbeba,” he disclosed.
According to him, “The Latya mining dispute must not be allowed to become a conflict between the people and the security agencies. Mineral resources belong to the Federal Government, but the administration of mineral resources must be carried out according to law and with due regard to lawful landowners, host communities and legitimate mining-title holders. The people of Latya are not asking for special treatment.
“The central issue before the Government is not whether mineral resources belong to the Federal Government, but the crux of the matter is whether the document and title being relied upon by Mr. Joshua Egbagbe as in ML-129 is genuine, valid, subsisting and lawfully applicable to the particular land at Latya.
“We appeal to the Hon. Minister of Solid Mineral and his Good Offices to critically visit and evaluate not only the whole process that brought about the issuance of ML-29, the said lease itself, and also the statutory obligation on lease-holders to landowners and Host Community, whether or not such were ever complied with to warrant Mr. Joshua’s Mining Lease sail through against our agitation for its outright REVOCATION, as he has adamantly continued fighting the Beroms and other Nigerians in that area since the time he obtained that so-call ‘Lease.’”