Alleged illegal mining: Court sets for judgment in suit against 8 Chinese nationals

By Taiye Agbaje and Chinyere Onuorah

Justice James Omotosho of Federal High Court in Abuja has fixed July 13 for delivery of judgment in the case filed by the Federal Government against eight Chinese nationals and two others over allegations bordering on illegal mining.

The defendants are being prosecuted by the Attorney-General of the Federation (AGF) on three-count charge.

The Chinese nationals are Shen Yongchan, Mo Baixian, Xiao Bin, Huang Xu Fa, Ma Bingli, Yang Jian, Le Peiyin, Que Wenyong as 1st to 8th defendants respectively.

While Hiyk Edward Desmond, a Nigerian, is the 9th defendant, Wanda Quarry Company Limited is the 10th defendant in the charge.

The Judge fixed the date on Tuesday after the Prosecution Counsel, Adeola Adedipe, SAN, and the defendants’ counsel, Oladimeji Ekengba, adopted their final written and urged the court to grant their prayers.

Ekengba, while adopting his court documents, said besides their final written address, the defence filed a reply on point of law in reaction to the prosecution’s process.

The lawyer, who said the reply on point of law was filed May 11, urged the court to discharge and acquit the defendants of the charge.

Adeola, while adopting his final written address, said the application was filed on May 6.

“We adopt and urge your lordship to convict the defendants accordingly,” the senior lawyer prayed.

Justice Omotosho, who adjourned the matter for judgment, said earlier date for the judgment delivery would be communicated to parties by the registrar.

After the prosecution closed its case, the defendants opted for a no-case submission.

But in a ruling, the judge dismissed their no-case application on the ground that the prosecution had been able to make out a prima facie case against them with the evidence of the witnesses called that would warrant them opening their defence.

The defendants’ lead counsel, Joe Agi, had on Feb. 25, called their sole defence witness, Mr Silas Saviour Godwin, who works with Federal Ministry of Solid Minerals Developmemt, to give evidence in their defence.

In count one, the defendants and others, now at large, were alleged to have, between Oct. 19, 2022 and June 24, 2024, conspired to mine “mineral” within tne cadastral area of Quarry Lease No. 22284QLS belonging to one Jinloys Nigeria Limited, without lawful authority.

They were accused of “quarrying and carrying out quarrying operations, contrary to Section 3(6) of the Miscellaneous Offences Act, Cap. M17, LFN 2004, and punishable under Section 1 (8)(b) of the same Act.”

(NAN)