Court sends two Chinese nationals to one year in prison over illegal mining in Kwara

The federal high court in Ilorin, Kwara, has convicted and sentenced two Chinese nationals — Duan Ya Hong and Xiao Yi — for mining in the state without requisite licences.

The Chinese nationals were arraigned on April 22 alongside their company, Ebuy Concept Limited, on a one-count charge bordering on illegal mining.

The defendants pleaded guilty to the charge filed against them by the Economic and Financial Crimes Commission (EFCC).

“That you, Ebuy Trading Worldwide Nig. LTD, Duan Ya Hong, Xiao Yi sometime in the Month of February 2024 at Banni, in Kaiama Local Government Area of Kwara State, within the jurisdiction of the Federal High Court, without lawful authority, purchased minerals to wit; 30 tons of minerals conveyed in a Truck, with Registration Number JJJ 386 XT and thereby committed an offence, contrary to and punishable under Section 1(8)(b) of the Miscellaneous Offences Act 1984,” the charge sheet reads.

In a statement on Thursday, Dele Oyewale, EFCC spokesperson, said the defendants were granted bail in the sum of N5 million with two sureties each in like sum.

The court had ordered that they should be remanded in the custody of the EFCC pending the perfection of their bail conditions.

AMENDED CHARGE AND PLEA BARGAIN

The defendants were re-arraigned on amended 11-count charges on Tuesday.

The defendants opted to plead guilty to count one of the amended changes and entered a plea of not guilty to the remaining counts.

At the resumption of the hearing on Wednesday, Innocent Machine, counsel to the EFCC, tendered the extrajudicial statements of the defendants, photographs, samples of the natural resource, photographs of the truck, and the forensic report received from the Nigeria Geological Survey Agency on the analysis of the minerals.

I.A Ahmed, counsel to the defendants, did not object to the admissibility of the exhibits tendered by the prosecution.

In her judgment, Evelyn Anyadike, the presiding judge, ruled that the prosecution proved its case beyond reasonable doubt.

Anyadike sentenced Hong to one year imprisonment with an option of a fine of N2 million, while Yi was also jailed for one year with an option of N1.5 million.

The court ordered the interim forfeiture of the 30 tons of minerals mined by the Chinese nationals and the truck conveying them.