The Federal High Court in Ilorin, Kwara State has sentenced two Chinese nationals, Duan Ya Hong and Xiao Yi, to one year imprisonment for their involvement in illegal mining and possession of solid minerals without the requisite licenses.
The convictions were pronounced by Justice Evelyn Anyadike, following a thorough trial that lasted several months.
The duo, along with their company Ebuy Concept Limited, were found guilty of the offences as outlined in a one-count charge bordering on illegal mining.
The charge specified that they, without lawful authority, purchased 30 tons of minerals conveyed in a truck, at Banni in Kaiama Local Government Area of Kwara State, contravening Section 1(8)(b) of the Miscellaneous Offences Act 1984.
Initially pleading not guilty to the charges, they were granted bail in the sum of N5 million with two sureties each.
However, failing to meet the bail conditions, they were remanded in the custody of the Economic and Financial Crimes Commission (EFCC) pending the perfection of their bail.
Upon the resumption of the trial, the defendants altered their plea, admitting guilt to one count while maintaining their innocence on the remaining charges.
This prompted a review of facts and possible conviction by the court.
During the trial, the EFCC presented compelling evidence, including extrajudicial statements of the defendants, photographs, mineral samples, forensic reports, and analysis from the Nigeria Geological Survey Agency.
The defendants’ legal counsel raised no objections to the admissibility of the evidence, which was duly accepted by the court.
In her judgment, Justice Anyadike affirmed that the prosecution had convincingly proven its case beyond a reasonable doubt, leading to the pronouncement of guilty verdicts.
Consequently, Duan Ya Hong was sentenced to one year imprisonment with an option of a N2 million fine, while Xiao Yi received a similar sentence with an option of N1.5 million fine.
The court ordered the interim forfeiture of the 30 tons of minerals and the truck involved in the illegal activity.
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