COURT: Federal High Court Nullifies Taraba Mining Ban, Affirms Governor’s Environmental Powers.

By our Correspondent, January 29, 2026.

The Federal High Court sitting in Jalingo has set aside Executive Order Number Three issued by the Taraba State Government, which banned mining activities across the state.

Delivering judgment in the suit filed by Newberry Nigeria Limited against Governor Agbu Kefas and others, the court held that the Governor lacks the constitutional powers to suspend or regulate mining activities, as mining falls within the purview of the Federal Government.

The court consequently granted an order of injunction restraining the defendants from interfering with the plaintiff’s mining operations at Akwana in Wukari Local Government Area of Taraba State.

However, the court upheld Executive Order Number Five, which is anchored on Section 42 of the Environmental Impact Assessment (EIA) Act and Section 14 of the 1999 Constitution (as amended). The court ruled that these provisions empower the Governor to take necessary measures to protect the environment and safeguard the welfare of the people.

Reacting to the verdict, counsel to the plaintiff from Milkman Karel and Co. Law Firm, Barrister Iliya Bitrus Allurah, described the judgment as a clear demonstration that the judiciary remains “the last hope of the common man.” He noted that the ruling has removed all obstacles previously faced by his client, allowing Newberry Nigeria Limited to carry out its mining activities in Akwana without interference.

On his part, counsel to the defendants, Barrister Nierus Banadzem Mainamo Johnson, described the judgment as a “win-win” outcome for both parties. He explained that while Executive Order Number Three was struck out, the court’s affirmation of Executive Order Number Five empowers the Governor to enforce Section 42 of the Environmental Impact Assessment Act in order to protect the environment.

Barrister Nierus Johnson further stated that the nullification of Executive Order Number Three had little practical effect, as the state government already relies on Executive Order Number Five to regulate environmental safety standards. He commended the judgment for clearly defining the limits of governmental authority while reinforcing the responsibility of the state to protect the environment from activities deemed harmful to its inhabitants.

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