Ola ‘Kiya, Reporting
THE Ilorin Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) has secured a landmark conviction in its clampdown on illegal mining, as a Kwara State High Court sentenced a 52-year-old man, Ilori Elicanah, to five years’ imprisonment for unlawful possession of solid minerals.
Justice Abimbola Awogboro, who delivered the judgement on Wednesday, found Elicanah guilty of mining and possessing solid minerals without lawful authority, an offence contrary to the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 1983.
The EFCC had, in October 2024, arraigned the defendant on a one-count charge bordering on illegal possession of solid minerals. The charge stated that Elicanah, sometime in September 2022, unlawfully mined and possessed tonnes of solid minerals conveyed in a truck with registration number BDG 678 XU and chassis number LGWSRXPHHIGAD82084, without the requisite licence, an offence punishable under Section 1(8)(b) of the Act.
At the trial, the prosecution called two witnesses and tendered exhibits marked A to E to establish the defendant’s culpability. The defence, in response, presented four witnesses, including the defendant himself, and closed its case on July 11, 2025.
In his final written address, counsel to the EFCC, Sesan Ola, urged the court to hold that the prosecution had proved its case beyond reasonable doubt and to convict the defendant as charged. He noted that the defendant and other defence witnesses admitted under cross-examination that Elicanah did not possess a valid mining licence.
Ola told the court that the defendant and his witnesses claimed he operated under a verbal instruction from Tascon Plastic Industry Nigeria Limited’s mining lease, an argument he said could not confer legal authority to mine solid minerals.
The prosecution also relied on Section 1 of the Nigerian Minerals and Mining Act, 2007, which vests ownership and control of all mineral resources in the Federal Government on behalf of the Nigerian people.
In her judgement, Justice Awogboro held that the sole issue for determination was whether the defendant had lawful authority to possess the solid minerals. She ruled that the EFCC had successfully proved all the elements of the offence and complied with the requirements of Section 131 of the Evidence Act.
The court dismissed the defence’s contention that the defendant should be discharged and acquitted on the grounds that the prosecution failed to call certain witnesses, describing the evidence presented by the EFCC as credible, strong and reliable.
“I agree entirely with the submission of the prosecution counsel that the defendant does not possess a mining licence and that there is no record of payment of royalties to the Federal Government as required by law,” the judge held.
Justice Awogboro consequently found Elicanah guilty as charged.
During allocutus, the convict pleaded for leniency, informing the court that he had suffered a stroke two years earlier and was a first-time offender.
In sentencing, the court said it had considered the plea for mercy and the fact that the convict had no previous criminal record. Elicanah was therefore sentenced to five years’ imprisonment with an option of a ₦5 million fine.
The court also ordered the forfeiture of the truck used in conveying the minerals, as well as the seized solid minerals, to the Federal Government.
