International Journal of Engineering and Technology Volume 5 No. 6, June, 2015 Management Information System as a Tool for the Determination of Legislative Compliance in Nigerian Solid Mineral Industries Z. O. Opafunso1 and O.D. Eniowo2 1,2Department of Mining Engineering, School of Engineering and Engineering Technology, Federal University of Technology Akure, Ondo State, Nigeria ABSTRACT The study developed a management information system called Q – Analyser software to determine the legislative compliance in Nigerian solid mineral industries taking Edo state as a case study. Data were collected from the field by administering questionnaires to top mineral extractive industries within the study area. These data was thereafter input to software {QAnalyser} to determine the level of compliance to the provisions of mineral laws and regulations. The findings reveal that only two {2} companies out the thirty {30} companies assessed have defaulted the provisions of the law as regards appropriate royalty payment and only one {1} defaulted as regards prompt royalty payment. However, it was discovered that twenty three {23} companies out of the thirty {30} companies defaulted the provisions of the law as regards the standard required safety distance for situating explosives magazines from dwelling places. It was also discovered that twenty three {23} companies out of the thirty {30} companies assessed engage incompetent personnel in the administration of it explosives magazine contrary to the provision of the law. This indicates that most mineral extractive industries within the study area have challenges to comply with the provisions of the laws of explosives magazine administration. Key words: Legislation, Magazine, Explosive, Royalty, Q-Analyser 1. INTRODUCTION Nigeria is well endowed with vast human and material resources that can guarantee sustainable economic growth and development. The country has large reserves of solid minerals including bitumen, granite, topaz, lignite, coal, tin, columbite, iron ore, gypsum, barite, talc etc [1]. Most of these enormous mineral resources have however remained untapped for generations. Many have argued over the years that the major reason for this setback in the solid mineral industry is due to inadequate or inadequately monitored legislation guiding Nigeria’s extractive industries. It is therefore necessary to develop a means through which an assessment of legislative compliance can easily be ensured. For this purpose, Management Information System (MIS) seems to be the easiest way out. This is because MIS provide a better grip on the activity of information processing and it takes care of the following points: handling of a voluminous data, confirmation of the validity of data and transaction, complex processing of data and multidimensional analysis, quick search and retrieval, mass storage, communication of the information system to the user on time, and fulfilling the changing needs of the information [2]. MIS was therefore engaged in this research work by developing a software package which will cater for the needs outlined above and this software aim to adequately assess the level of compliance to mining and mineral legislations. and Mining Act in order to achieve the direct result of attracting foreign investment into Nigeria’s huge untapped mineral resources and to effectively achieve this task, it is desirable that an adequate modern information database is provided [4]. 2. DESCRIPTION OF THE STUDY AREA Edo state is located in the Southern part of Nigeria. The state has 18 local government areas as shown in Figure 1. The coordinates are 6030’N 6000’E / 6.5000N 6.0000E with land mass area 17,802km2. Edo state is an inland state in western Nigeria. It is bounded in the north and east by Kogi state, in the south by Delta state and in the west by Ondo state. Edo state is endowed with both solid minerals and oil. The state is one of the present nine oil producing states in the country though the oil deposit in the state is basically located in the coastal areas while the solid minerals are located basically at the northern end of the state and down the southern part of the state. Large deposits of Granite is found in Ohosu (towards its western boundary with Ondo State) and deposits of limestone, dolomite and granite are located in Okpilla, Ikpeshi and Iyuku respectively all in the northern part of the state. Other solid mineral deposits in the state include calcite, kaolin among others. According to Awah [1], the success of legislation can be gauged on the following areas: Design i.e. developing the law in a participatory manner, Implementation i.e. mechanism for application or enforcement of the law, Monitoring i.e. system of reviewing the performance of law, and Revision i.e. modification of law where necessary to achieve the objectives of legislation. As a result, the Federal Government of Nigeria has provided legal framework by promulgation of Minerals ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 347 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 Figure 1 Map of Edo State. 3. DATA COLLECTION AND ANALYSIS The data used for this study was acquired from field study in Edo State, Nigeria. Edo state was selected for this study because it hosts large amount of Mining Industries. Thirty {30} Quarries were visited within the study area and questionnaires were distributed and retrieved. Analysis subjects covered by the content of the questionnaire include compliance to Mine Health and Safety, Explosives Magazines Administration, Environmental Protection, Production Reporting and Royalty Payment Assessment. The data obtained from the field was input into software named QAnalyser which was designed for the purpose of this study. Q-Analyser is a software package developed using C# program on a .Net framework. It is designed to give statistics on the percentage of data queried in order for the user to infer meaning on further analysis of result achieved. The function of the software is to analyse the response to questions in the questionnaire and thus examine the level of compliance of Mineral Industries to the existing laws and regulations governing mineral extraction in Nigeria taking Edo State as case study. The components of the software include the following: 3.1 Personal Bio data The first page on the Software is the Bio-data page which stores the personal information of the respondent as shown in Figure 2. The information required in this section includes the name of the respondent, name of the firm, position of the respondent in the company, the qualification of the respondent, age, sex and lastly the year since the respondent has been working with the present company. ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 348 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 Figure 2: Personal Bio-Data Page of Q-analyser 3.2.1 3.2 Assessment on Nigeria Mining Development General Assessment: The general assessment of the software is divided into three (3) sections. The first section is an assessment on Nigeria Mining Development as shown in Figure 3. Figure 3: Q-Analyser’s Page on General Assessment on Nigeria Mining Development The section aims to acquire the respondents’ opinion on the present laws and regulations available in Mining Sector and its efficacy in tackling the lingering problems in the Nigerian Solid Mineral Sector. The purpose of the question asked here, is to assess the effectiveness of the existing mining and mineral laws. The respondents were asked to rate the efficacy of the existing Laws and regulations on Mineral extraction in Nigeria. The section also examined the effectiveness of the Mines Inspectorate in the State by asking the respondents to ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 349 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 rate the Mines Inspectorate on its assistance in influencing firm’s compliance with mining and mineral laws and regulations. Finally the section examined factors that hinder the growth of solid mineral sector by asking the respondents who was responsible for the present deplorable state of Mining in Nigeria. supports a particular point of view, thereby giving percentages for further analysis on the subject. 3.2.2 Production Capacity The second section is an assessment on the firm’s production capacity as shown in Figure 4. Q-analyser software therefore process the respondents input data and then computes the number of respondents that Figure 4: Software Page on Assessment of Firm’s Production Capacity This section of Q-analyser software assess the Firm’s Production Capacity in a view to obtain the size of the firm and the expected influence the company should have both on its immediate host community, the government and the country at large. The aim is to examine the size of the company in terms of its production capacity and number of employees. Q-analyser software processed the response of the respondents and examined the firm’s production capacity and measured it with the level of royalty being paid by the company to the Federal government to know whether or not the returns to the Government is being under paid. The monthly mineral production of the company was input into the software which was used to calculate the deemed monthly royalty payment by the company. In the case where the amount entered by the company as its royalty does not match the software’s computed deemed royalty, the software marked the firm as an offender of the law. 3.2.3 1967. Q-analyser software was designed, to store some basic requirements of these laws and then use it to compare the response from the respondents to determine whether the requirements are being followed. It displays the particular provision that is being flouted along with particular company that flouts it. The cogent areas assessed in this section as shown in Figure 5 and Figure 6 includes: PPE (Personal Protective Equipment Compliance), administration of the explosives magazine among others. Legislation Compliance The third section is an assessment of the firm’s compliance with existing mining and mineral legislations. There are basically four (4) legislations governing mineral extraction in Nigeria. They include; The Mining and Mineral Acts of 2007, The Mining and Mineral Regulations of 2011, The Explosives Acts of 1964 and The Explosives regulations of ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 350 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 Figure 5: Software Page on Assessment of Firm’s Compliance with Existing Mining and Mineral Legislations Figure 6: Q-Analyser Page on Continuation of Assessment of Firm’s Compliance with Existing Mining and Mineral Laws At the end of the firm’s legislation compliance phase of the software, the input is entered by clicking on ‘submit’ as shown in Figure 6. Once the data is submitted, it is automatically saved in the software’s database, and the information submitted can be retrieved from the software at any point in time. ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 351 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 3.3 Result Query Page of Q-Analyser Software This is the most unique and important section of Q-Analyser software. The Result Query Page is shown in Figure 7. The noticeable commands in this section includes ‘view list’, ‘Query analyser’, and ’law offenders statistics. The Software accepts raw data from field study and processes it, thereby giving results on the extent to which the available Mineral Laws and Regulations are being obeyed by solid mineral industries. Areas analysed by the software include opinion on general assessment on Nigerian Mining Development, Firm’s production Capacity and other Legislative Compliance. Figure 7: Result Query Page on Q-Analyser 4. Q – ANALYSER RESULT PAGE AND INTERPRETATION Figure 10 shows the Result Page of Q - Analyser Software. Fig 10: Result Page of Q - Analyser Software ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 352 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 4.1 Efficacy of the Existing Laws The result of Q – Analyser software page shows that none of the respondents rated the laws below 40% while 15% gave a rating of 40-49%; 65% of the respondents gave a rating of 5070% 59%; 20% gave a rating of 60-69% and none gave a rating above 70% as presented in Figure 11. This indicates that most stakeholders are of the opinion that the present Mining and Mineral Laws and Regulation is only ‘’fair’’ in terms of effectiveness and thus there is great need for a review. 60% Repondents 50% 40% 30% 20% 10% 0% Below 40% 40-49% 50-59% 60-69% 70-79% Ratings on Efficacy Figure 11: Ratings on Efficacy of Mining and Mineral Laws 4.2 Competence of the Mines Inspectorate From Q – Analyser software page result, it was observed that no respondent gave a rating below 40% while 15% of them gave a rating of 40-49%; 55% gave a rating of 50%; 30% gave a rating of 60-69% and no respondent gave a rating above 70% as shown in Figure 12. This indicates that most of stakeholders in the solid mineral sector believe that the Mines Inspectorate was fairly performed in in effecting company’s compliance with mining and mineral laws. Therefore there is a need for improvement on the issues regarding Legislative compliance in the Solid Mineral Sector. 70% 60% Respondents 50% 40% 30% 20% 10% 0% Below 40% 40-49% 50-59% 60-69% 70-79% Fig 12: Ratings on Effectiveness of Mines Inspectorate ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 353 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 4.3 Factors Hindering the Growth of Nigeria Solid Mineral Sector From Q – Analyser software page result, it was observed that 55% of the respondents are of the view that poor legislation is among the factors militating against the growth of the mineral sector, 65% believes Government neglect is a contributing factor, 65% believes inadequate investment is also a factor, 30% are of the opinion that insufficient technical know-how, 70% 25% blames it on inadequate infrastructure while 45% believes there are other factors not aforementioned as shown in Figure 13. It was noticed from the above that that the cumulative percentage of response in this section is more than 100%. This is because respondents have the opportunity to select more than one option since there may be more than one factor responsible. 60% Respondents (%) 50% 40% 30% 20% 10% 0% Poor Legislation Government Neglect Inadequate Investment Insufficient Technical Know-how Inadequate Other Factors Infrastructure Figure 13: Factors Hindering Growth of Nigerian Solid Mineral Sector 4.4 Deplorable State of Mining in Nigeria The result of Q – Analyser software page result shows that 95% of the respondents believe that federal government was responsible for deplorable state of mining in Nigeria, 10% blamed state government for the problem while 5% blamed mining investors and 25% puts the blamed on expatriates in the mineral sector as represented in Figure 14.. 100% 90% Respondent (%) 80% 70% 60% 50% 40% 30% 20% 10% 0% Federal Government State Government Mining investors Expatriates in the sector Figure 14: Opinion on who is responsible for the deplorable state of mining ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 354 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 4.5 Company’s Staff Strength software stored the total number of employee in the company in order to ascertain the size of the firm. The figure shows that 16 companies have over 50 employees while 6 companies have over 6 employees. Figure 15 shows the result of the assessment on the staff strength of the major companies. In addition to determination of opinion of stakeholders on lingering issues as regards the development of the solid mineral sector, the Q – Analyser 180 160 140 Staff Strength 120 100 80 60 40 RCC Avad Cement Harvey Quarry Dantata and Sawoe Dagbe Chemicals Charbat Freedom Bekuma Rock King ccc. Site 2 Sayoun. Site 2 goopex Freedom Egbigere Name of the Company julis dinger wokson ccc. Site 1 Mothercat granite anthony topline interbau somark Baba rock Petra Jigom Freedom Ikp Geogio Freedom Okp Skaff Setraco 0 Sayoun. Site 1 20 Fig 15: Staff strength of Mining Industries within the Study Area 4.6 Law Offenders on Required Safety Distance of Magazine to Nearest Dwelling Place Figure 15 shows the offenders of Safety Distance between Magazine and the Nearest Human Dwelling. It was observed that only seven {7} companies were not the offenders of the law on safety distance to human dwelling out of the total Non-Law Offenders thirty {30} assessed companies. This indicates that most quarries’ magazines are located close to residential or business places such as farms or any place where people have access to and this pose great threat to human lives within these vicinities. Law Offenders Numbers of Offenders 25 20 15 10 5 0 Law offenders Non-law offenders Figure 15: Offenders of Safety Distance between Magazine and the Nearest Human Dwelling ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 355 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 4.7 Law Offenders on Prompt and Appropriate Royalty Payment Figure 16 indicates that only two {2} companies were offenders of the provisions of the law as regards royalty payments out of the total thirty {30} assessed companies. This is a positive sign as it indicates that the government is not being underpaid its monthly royalty by most of the mineral industries within the study area. It also indicates that the mines inspectorate is performing in the issue of monitoring compliance to royalty payment by mineral industries. However, more work still needs to be done to further improve compliance to appropriate royalty payments and thus pursue one hundred percent (100%) compliance to this provision of Mining Acts. Non-Law Offenders Law Offenders 30 Number of Offenders 25 20 15 10 5 0 Law offenders Non-law offenders Figure 16: Offenders of Royalty Payment 4.8 Overall Law Offenders Figure 17 indicates that 90% of Mineral industries within the study area were offenders of Mining and Mineral law while only 10 % are non-law offenders as assessed by the Software. As a result of this result, more effort needs to be put in place by the Mines Inspectorate in association with other Government agencies to ensure adequate compliance to the existing Mineral and Mining legislations. 100 90 Number of Offenders 80 70 60 50 Offenders of Law 40 Non-Offenders of Law 30 20 10 0 Non-Offenders of Law Offenders of Law Figure 17: Overall Law Offenders and Non-Offenders of Law ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 356 International Journal of Engineering and Technology (IJET) – Volume 5 No. 6, June, 2015 iv. 5. CONCLUSIONS AND RECOMMENDATION This study was carried out to determine the level of compliance to the existing mining and mineral laws using Q – Analyser software. The result of the analysis of the questionnaire by the software is plotted into graphs and charts for easy understanding. The result shows that the existing laws are only “fair” in terms of effectiveness; there is therefore a great need for review and update. It was also discovered that the performance of the mines inspectorate as regards ensuring compliance of mineral industries to the existing mineral legislations is “average”. This indicates that many of the defaults in the effectiveness of mineral and mining legislations can be traced to the actions or inactions of the mines inspectorate-the body charged by law to oversee and ensure compliance to mineral and mining legislations. Therefore, in order to ensure adequate compliance to the existing mining and mineral laws in Nigeria the following recommendation are hereby made: i. ii. iii. The mines inspectorate should adopt the software (Q-analyser) for easy analysis and monitoring of compliance to mining and mineral and laws and regulations; The Explosives Acts and Regulations should be reviewed since the Acts and Regulations last review was in 1964 and 1967 respectively; More provisions should be made to encourage more women to go into the mining business since this will increase the amount of stakeholders in the business and thus more opportunities will abound; v. The mines inspectorate should step up the frequency of it periodic visit to mining industries so as to monitor compliance to mining laws and regulations, and Foreign Mineral Industries in Nigeria should be compelled to engage indigenes more and not just rely on expatriates from their home country. This will facilitate job creation and also enhance technological transfer. REFERENCES [1] Akerele, F.O. (2013): Overview of the Nigerian Mining Sector: http://www.foakinrele.com.../Overview-of-NigerianMINING-Sector-Final-(1).aspx (accessed February 10, 2014) [2] Awah, A. (2013). The Crucial Role of Legislation in the Promotion of Democratic Governance between the Legislature and other Arms of the Government: African Training and Research Centre in Administration for Development, Morocco. pp 2 - 3 [3] Mbam, B.C.E., Ndunagu, J. (2012): Course Guide on Management Information System: National Open University Nigeria (NOUN), Victoria Island, Lagos, Nigeria. p5 [4] Opafunso, Z. O. and Ajaka E. O. (2004): Application of Geographical Information System (GIS) to Solid Mineral Resources Information Management: Pakistan Journal for Scientific and Industrial Resources Vol. 47(6), Pakistan. p240 ISSN: 2049-3444 © 2015– IJET Publications UK. All rights reserved. 357
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