The Ibadan Explosion: My Humble View For Now – Ishola Ninuola

Anybody who understands the Nigerian Society and its gradual decline in all spheres since about 1975/79, would not fail to perceive the gradual neglect of all standards, regulations and norms over time. Both in the public services and the private sectors; even, the academia, this has been the case.

So it is that in the public services, the regulatory documents (the so-called ‘general orders’ and ‘financial instructions’), as imperfect, as rigid and frozen in time, as they might seem, all became gradually neglected, and abandoned over time; more so, currently. And correspondingly, in the private sectors, all international best practices became abandoned, and criminal frauds emerged: the example of the recent Nigerian State vs P&ID fraud of unbelievable $11 billion attempted fraud is a classical example. In the public services of the country, it is normal now that ordinary civil servants put in-charge pensions, national accounts (like in the recent case of Nigeria’s Accountant-General), now loot huge public funds in billions without consequence.

The cumulative consequence of all these is unimaginative corruption of everything, leading into eventual state failure, that has now put the Nigerian State at the brink. Just as examples, witness current state of kidnappings, hijacks on the country’s highway, unbridled murders, divestment by companies (latest Shell, Dunlop, Michelin, Procter & Gamble, etc.), all leading to disorders and huge youth unemployment with all its social consequences. Indeed, Nigeria is definitely on the road to Haiti, except its elites realise that something need to be done urgently to put a halt to this decline; and the time is now, as it would appear that the time is up for the country.

With respect to the Ibadan explosion and mining, any one knowledgeable about this sector must have seen it coming. The most enduring Mining Laws of Nigeria (the Minerals Act, 1946), had its first amendment about mid-1990s. One was privileged to serve in the committee that produced the first-draft of this amendment then. No sooner was this first amended draft submitted by the drafting committee, that its clauses was started being altered in fundamental ways, even before the document was passed. So it was that for just one example, statutory functions assigned to the Director Mines in the draft law, (a purely professional position), and an inspectorate and approving position, was changed to honourable minister, (a purely non-professional, ad-hoc position); probably because of the opportunity this might provide for influence, graft and sleaze. It is not clear that this position did not remain the same in the subsequent revised Minerals Act version, 2007, or thereabout. This is just an example.

The first place to start ameliorating the Ibadan Explosion-type incident therefore, after the expected initial ground and crime-scene audit inspection has been done therefore, is to examine under what statutory laws is current Nigerian mining operations regulated. Nigeria would have to decide for example whether it would continue to run its mining fields under the present quasi British (Westminster)-type laws, even while professing that her constitution is American-type; or Nigeria would fully switch to the American-type mining laws, a fundamental future of which is that a mineral resource would belong to the owner of the grounds on which such mineral deposit is found. Nigeria still continues to be governed by an amphibious constitution, where she is professing an American-style presidential system, while she still retains and runs the State on a British, Westminster mode. In summary, Nigeria would first need to take a second look at its 1999 Constitution, and determine what she really wants.

Even before this, and as at now, how efficiently is Nigeria running her current mining operations, based on current laws? The first issue that would be seen is that her current laws would be run in the breach as a lot of corruption is already in the system, like any other sector of the Nigerian State also. Standards, especially, inspectorate functions are also destroyed, and probably even non-existent. We are writing this as responsible senior Nigerian professionals who think this country might still be salvaged if Nigeria turns a new leaf, and decide to do right things, following law and order first, as current modern states are wont to do. We are not writing for sensations here!!!

As example, Nigeria is living a lie when she claims mineral resource endowments she does not currently have. She has the potential only, and there is still a lot of work before this potential would be converted to actual resource. We have officially given this advice since the mid-1990s, without heed. We repeated this advice about 2014, on the ascendancy of current political party in government to no avail. As an example, we have advised that the sector should stop being referred to by the illiterate-term of Solid Minerals. This is a term that was imposed by uneducated operators that took over this sector since about the early 1990s; and it has stuck since then. Nigeria is about the only country that applies this nomenclature to its minerals sector. In the same dimension, the sector is now taken over and run by these non-professionals in mining and, no insults intended, just stating obvious truths as the point to start addressing this hydra-headed problem.

Anyone who has the privilege of knowledge of the history of the Nigerian Mining Sector since around World War 2, to now would know that even at the peak of Nigeria’s mining sector world performance of working of the ‘Tin-Columbite’ fields as a major world producer, the African Miners’ contributions of that production was supplementary at best, and that has continued up to now, not in Nigeria alone, but even across Africa, tragically!!. It seems it is this component of African Miners, (mostly small, artisanal miners), in alliance with their similar shady foreign collaborators that have now taken over operations in mining fields across the Continent. They are characterised by low capital, low expertise operations all over Africa; and they manipulate mine production statistics. It was since discovered in Nigeria as example in the early 1970s for example that African mine operators first obtain production statistics of the majors then work out an inverse proportion to arrive at their own production; almost for taxation and other subsidies from government. Again we restate all of these because the economy has to realise where the rain started beating them first, to know where and when to start their reforms! We are not stating these to deride anyone. It is not by chance that about the same time of the Ibadan mining explosions, there were also similar mishaps in several African sites in Tanzania, South Africa, Congo DRC, as examples.

Again back to Ibadan, preliminary information is tracing the mines explosives to some storage facilities of some African miners from Mali, Senegal, Guinea, etc. Now, there are still ordinance storage provisions in Nigeria’s mining laws, as well as the in relevant police operation laws. These relate to acquisition, transportation, storage provisions for explosives, supervised by relevant professionals for each category. Our suspicion in this instance now is that if the investigations are carried out, it will be discovered that standards have been so much corrupted that the relevant supervisory professionals are no more there; and the statutory lawful provisions in the statute books for acquisition, transportation, storage, field deployment (usage), and even post-usage storage have all been corrupted and compromised. This is the first place to commence the investigations, if the state is sincere, and willing to avoid future loss of lives, now that the notorious African elite (who compromises all laws meant even for safety of his own children), know now that, it could happen to anyone. An African philosophical saying states that, if you are hearing people lifting a heavy load in your backyard vicinity, and you don’t come out to see where they are placing this load, and it is dumped exactly in your backyard, and it explodes there, then you have yourself to blame. So, maybe it is time the Nigerian elite takes interest in how his country is run. As the news of this unfortunate, unnecessary explosions came on air, I knew it could be me, because I have numerous relations and friends in that part of Ibadan, that I could be visiting at any time, and then run into an explosion!

And following on all that has been stated in this piece, Nigeria must seize opportunity of this tragedy, which is avoidable to start holding its citizens, high and low, accountable before the law. And she should now use opportunity of this tragedy to carry out an operational audit of all mining sites, to make sure all operations are carried out according to law.

And finally, Nigeria would need to take another comprehensive look at its Mining Laws, assign responsibilities accordingly, and enforce these, without fearing whose ox is gored, as all of these have life and death implications. Just a day before we expressed this opinion, one of the states in central Nigeria who loves to say of itself as being ‘mineral endowed’ called a town meeting of community leaders, where the governor was being shown, stating that he has withdrawn power given to these leaders to issue authorisation for mining in their domain, and if you are knowledgeable in this field, you’ll ask yourself what kinds of mining laws is Nigeria running exactly, and when exactly did this sector become an all-comers affairs. All these should be part of the investigations, as they carry serious implications for security, the environment, and safety of life and property.

And in taking a second look at its mining laws and ordinances, and as earlier stated in this piece and worth repeating, Nigeria would need to decide whether she would change from current amphibious mining regimes, and fully adopt either the British-Westminster model of Mining Laws, or the American model.