The recent issuance of mining licences to two companies and illegal mining activities in the Cross River National Park has raised questions on the existing laws and regulations, as the act impacted the ecosystem and destroyed the essence of conservation, while opening the forest to other risks including wildlife hunting and logging, writes CHINEDUM UWAEGBULAM.

When Justice Okokon Essien of the Magistrate Court in Akamkpa Town of Cross River State sentenced 14 miners recently to six months imprisonment for illegal mining and other offences in the state’s National Park, and eventually jailed them at the Correctional Service Centre in Calabar for failure to pay the fine option of N200,000, many thought the incident in the park was a child’s play.

But the destruction and infiltration of the national parks by illegal wildlife traders, poachers and miners have become a recurring decimal and tortuous part for park managers, leading to some rangers losing their lives. Rangers at the Old Oyo National Park arrested 37 illegal miners after two of its officers were killed at the Abata-Abu axis of the park.

These are one in many incidents that have befallen the National Parks Service (NPS) in the country in recent years, as authorities are overwhelmed with these illegal activities. The Guardian learnt that officials and communities’ collaboration have continued to increase illegal mining in Cross River National Park (CRNPS).

For instance, the Ministry of Mines and Steel Development recently granted mining rights to two companies – Abdulrasaq and Company Int’l Mining Limited and Vintage Mining and Exploration Limited to carry out mining activities in the National Park against all existing laws and regulations These were against two compelling legislative instruments, each banning mining activities in the National Park. The Nigerian Minerals and Mining Act (2007) which serves as the key legislation on mineral exploration and exploitation in Nigeria also prohibits mining activities in the National Park.

Section 3(1)(d) of the Mining Act explicitly bars mineral activities in areas under the purview of the National Commission for Museums and Monuments Act or the National Parks Service Act: (1) no mineral title granted under this Act shall authorize reconnaissance, exploration or exploitation of mineral resources on, or in, or the erection of beacons on or the occupation of any land.

Already, two civil society organisations have raised the alarm over the presence of licensed miners inside the Cross River State National Park, describing it as illegal. The groups – We The People (WTP) and Development Concern (DEVCON), emphasised the need for the Federal Government to rethink its decision.

WTP Executive Director, Mr Ken Henshaw and the Executive Director, DEVCON, Dr Martins Egot, frowned at the activity of the mining companies and demanded the immediate withdrawal of mining rights among other sanctions.

“The National Park Service Act (2006) unequivocally underscores as sanctuaries meant exclusively for the propagation, protection, and management of the vegetation and wildlife. Section 9 makes it an offense for any unauthorised person to go into the National Park without the permission of the Conservator General.

“One also wonders the extent to which the Ministry of Mines and Steel Development, responsible for issuing mining rights, can rightfully supersede the jurisdiction of the ministry responsible for environmental conservation.”

They said permitting mining activities in the National Park will seriously impact the ecosystem and destroy the essence of conservation, while opening the forest to other risks including wildlife hunting and logging.

Accordingly, the groups demanded immediate withdrawal of the mining lease and immediate revocation of the mining lease granted to the companies within Cross River National Park Oban Sector Forest, which will halt any ongoing mining activities and prevent further ecological degradation, as well as immediate vacation of mining sites and mobilisation of relevant security agencies to vacate mining operatives from the sites.

They also sought an independent and thorough Environmental Impact Assessment (EIA) on the affected area to determine the extent of damage already caused by the mining activities and provide basis for appropriate remediation measures, while the Ministry of Mines and Steel Development, responsible for granting the mining lease without proper authorisation, should face appropriate sanctions for this breach, which will serve as a deterrent against future violations and emphasise the significance of adherence to legal protocols.

The groups also called for the engagement of local communities surrounding Cross River National Park Oban Sector Forest in the conservation efforts, as their input and cooperation are vital for the effective protection of the park and its sustainable management.

The Conservator of CRNP, Akamkpa, Caroline Olory told The Guardian that the management followed up on the “illegal licences” and even though park management is yet to sight a copy of letters of revocation of the licences, both companies have pulled out of the mining sites.

According to her, any form of mining inside the National Park is illegal because the extant laws (both the National Park Service Act and the Nigeria Mining Act) prohibit mining in the National Parks.

She explained, “Mining activities were observed in CRNP in 2022 with two companies flaunting licences purportedly issued to them by the Mining Cadastral office, Abuja.

“When I discovered that licences were issued to two companies to mine in the park, I met with the miners, obtained copies of the licences after informing them that they cannot mine in the National Park, I reported it to the National Park Service headquarters, and it was followed up to the point of the miners withdrawing from the mining sites.

“The possession of licences posed a problem when I contacted other security agencies for assistance. They were reluctant to help because they didn’t want to be involved in fighting people who were legally granted licences. The companies tagged themselves “legal miners” due to the licences. But with enlightenment and pressure, they pulled out.”

She said: “Current mining activities are now largely championed by youths of the support zone communities who see it as an opportunity to harness the mineral deposits within their land to their advantage in the wake of neglect by the government at all levels in terms of basic social amenities.

“The community youths lack the prerequisite knowledge of mining and thus depend on youths from the Northern States of Zamfara, Sokoto, Kanu, Niger, and Nasarawa, who are brought in their numbers, without traceable addresses, into the forests to carry out the mining activities.”

Olory, who is the First Female Conservator/Controller of Park in West Africa, said that aside from destroying the ecosystem, the mining activities pose a security threat, not only to park management but generally to the surrounding communities and the state at large.

She said that illegal mining has caused conflicts between the park and the community youths, “In one of the communities, Rangers have been chased out of their station, for arresting miners in the park because the National Park has not provided their communities with employment, access roads, portable water, and electricity. They shouldn’t stop the miners who have promised to provide those basic amenities and much more to them.”

With the constraints of inadequate manpower and equipment, Olory revealed that the park management is liaising with the Military and other Paramilitary agencies to tackle the menace even though their response has not been encouraging.

CRNP is one of the seven national parks established by Decree 36 of 1991, now CAP 65 LFN, 2010. It was established to protect the remaining 10 per cent of the tropical rainforest in Nigeria. It exists in two non-contiguous Sectors, Oban and Okwangwo sectors respectively. It is the richest part of Nigeria’s biodiversity.

It is one of UN declared 25 biodiversity hotspots in the world, a centre of endemism, an Important Bird Area (IBA) a candidate for World Heritage site. In 2020, its two sectors were declared UNESCO Biosphere Reserves such as Oban Biosphere Reserve (Oban Sector) and Okwangwo Biosphere Reserve (Okwangwo Sector).

CRNP harbours an array of rich fauna species such as the Cross River Gorilla (Gorilla Gorilla diehli), the only subspecies of the gorilla in sub Saharan Africa, the Forest elephant, buffalo, endemic bird species, fishes, butterflies etc. and floral species such as ancistrocladus korupensis, known to have potency for the treatment of HIV/AIDS and Prunus africana, known to have potency for the treatment of prostate cancer, and several others.

CRNP occupies an area of about 4,000 sq km (3,000 sq km in Oban Sector and 1,000 sqkm in Okwangwo Sector). It is surrounded by 105 communities, referred to as Support Zone Communities. These communities depend on the forest for their livelihoods.

To protect the forest reserve, Olory wants the government to address the community’s needs for livelihoods and basic social services. “All the communities have teeming youth populations who are unemployed. If the communities enjoy benefits from the protection of the National Park/ Forest Reserve, they will take ownership of the park and consequently, less law enforcement will be required. “Employment of youths” has become like a song at every meeting with communities.

While calling for the equipping of the Park Rangers with patrol equipment such as vehicles, motorcycles, camping tents, GPS, Camera traps, patrol kits, and patrol allowances, she said the communities surrounding the National Park or reserves should be accorded special treatment in terms of employment opportunities to protect the natural treasure of the nation, as the NPS alone cannot employ all the youths of the 105 support zone communities.

She also advocated inclusion of the NPS in the security architecture of the state, adding that most states where the park is sited, including Cross River State, have not captured it in the security architecture of the respective states, especially considering the current trend of kidnapping and taking the victims into the forest.

The Conservator-General, National Park Service, Dr Ibrahim Musa Goni, recently said illegal mining was a major challenge facing the parks and expressed commitment to protect them.

Goni called on all stakeholders in wildlife and environmental management within and beyond Nigeria to join in ridding the Parks of illegal miners and other wildlife crimes.