Illegal miner gets five years jail term

A Kwara State High Court sitting in Ilorin has sentenced Ilori Elicanah, a 52-year-old man, to five years’ imprisonment for illegal mining and unlawful possession of solid minerals.

The Economic and Financial Crimes Commission (EFCC) described this as a landmark conviction in its ongoing crackdown on illegal mining activities.

Elicanah was convicted on Wednesday, following his prosecution by the Ilorin Zonal Directorate of the EFCC.

The court, presided over by  Abimbola Awogboro (Justice), found him guilty of mining and possessing solid minerals without lawful authority, contrary to the provisions of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 1983.

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The EFCC had arraigned Elicanah in October 2024 on a one-count charge bordering on the illegal possession of solid minerals.

According to the charge, the convict was accused of unlawfully mining and conveying tonnes of minerals in September 2022, using a truck with registration number BDG678XU and chassis number LGWSRXPHHIGAD82084, without any valid mining licence or authorisation.

During the trial, the prosecution called two witnesses and tendered several exhibits, marked A to E, to establish the defendant’s culpability.

The defence, in response, called four witnesses, including the defendant himself, before closing its case on July 11, 2025.

In his final written address, Sesan Ola, counsel to the EFCC, urged the court to hold that the prosecution had proved its case beyond a reasonable doubt.

He argued that the evidence before the court clearly showed that the defendant lacked the legal authority required to mine or possess solid minerals.

Ola told the court that under cross-examination, the defendant and other defence witnesses admitted that Elicanah did not possess a mining licence.

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He noted that the defence’s claim that the defendant operated under a verbal instruction from Tascon Plastic Industry Nigeria Limited’s mining lease was untenable under the law.

“My Lord, the defendant, DW1, DW2 and DW3 all admitted that the defendant does not possess a licence to mine, despite their claim that he operated under a verbal instruction from Tascon Plastic Industry Nigeria Limited’s mining lease,” the prosecution counsel submitted.

The EFCC further relied on Section 1 of the Nigerian Minerals and Mining Act, 2007, which vests the ownership and control of all mineral resources in the Federal Government of Nigeria on behalf of the people, and requires that any person or entity involved in mining activities must obtain the appropriate licence and comply with statutory obligations, including the payment of royalties.

In her judgment,  Awogboro held that the central issue for determination was whether the defendant had lawful authority to possess the solid minerals in question, as required by law.

After reviewing the evidence and relevant judicial authorities, the judge ruled that the prosecution had successfully established all the ingredients of the offence and discharged the burden placed on it under Section 131 of the Evidence Act.

The court rejected the defence’s argument that the defendant should be discharged and acquitted on the grounds that the prosecution allegedly failed to call certain witnesses.

Awogboro described the evidence presented by the EFCC as credible, cogent and reliable.

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“I agree entirely with the submission of the prosecution counsel that the defendant does not possess a licence and that there is no record showing payment of royalties to the Federal Government as stipulated by law,” the judge said.

She consequently found Elicanah guilty as charged, convicted him and sentenced him to five years’ imprisonment.

Elicanah was initially arrested by operatives of the Ilorin Zonal Directorate of the EFCC in connection with the illegal possession of solid minerals, before being charged to court and subsequently convicted.

Dele Oyewale, EFCC’s Spokesman, noted that the conviction underscores the agency’s commitment to curbing illegal mining activities, which it described as a major source of economic sabotage and revenue loss to the country.