Illegal Miner Jailed For 5 Years

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

Justice Abimbola Awogboro, who delivered the judgment yesterday, found Elicanah 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.

The Ilorin Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) had, in October 2024, arraigned the convict on a one-count charge bordering on illegal possession of solid minerals.

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

The defence, on its part, presented four witnesses, including the defendant, 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 mining licence.

According to Ola, “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 relied on Section 1 of the Nigerian Minerals and Mining Act, 2007, which vests ownership and control of all mineral resources in Nigeria in the federal government on behalf of the people.

Delivering judgment, Justice Awogboro held that the sole issue for determination was whether the defendant had lawful authority to possess solid minerals as required by law.

Citing relevant judicial authorities, the judge ruled that the prosecution had established all the ingredients of the offence and complied with Section 131 of the Evidence Act.

The court dismissed the defence’s argument that the defendant should be discharged and acquitted due to the prosecution’s alleged failure to call certain witnesses, finding the evidence presented by the EFCC credible, strong and reliable.

Justice Awogboro stated, “I agree 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.”

She consequently found the defendant guilty as charged.

During allocutus, Elicanah pleaded for leniency, informing the court that he 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 prior criminal record.

Consequently, Justice Awogboro sentenced Elicanah to five years’ imprisonment with an option of a ₦5 million fine.

The court ordered the forfeiture of the truck and the seized solid minerals to the federal government.