The Ilorin Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) on Monday secured a conviction in its campaign against illegal mining activities 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 found Elicanah guilty of extracting 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 EFCC had, in October 2024, arraigned the convict on a one-count charge of illegal possession of solid minerals. The charge stated that Elicanah, sometime in September 2022, within the jurisdiction of the court, unlawfully mined and possessed tonnes of minerals conveyed in a truck with plate number BDG678XU and chassis number LGWSRXPHHIGAD82084, contrary to Section 1(8)(b) of the Miscellaneous Offences Act.
During the trial, the prosecution called two witnesses and tendered exhibits A to E to establish the defendant’s culpability. The defence 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 a reasonable doubt and to convict the defendant as charged. He told the court that the defendant and other defence witnesses admitted under cross-examination that Elicanah did not possess a mining licence.
According to Ola, the defendant and defence witnesses acknowledged that he operated without a licence, despite claims that he acted under a verbal instruction from Tascon Plastic Industry Nigeria Limited under its mining lease.
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 people.
Delivering judgment, Justice Awogboro said the sole issue for determination was whether the defendant had lawful authority to possess solid minerals as required by law. The judge held that the prosecution had successfully 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, 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 licence and that there is no record showing payment of royalties to the Federal Government as stipulated by law,” Justice Awogboro said.
Elicanah pleaded for leniency, telling the court that he suffered a stroke two years ago and was a first-time offender. In sentencing, the judge said the court had considered the plea for mercy and the absence of any prior criminal record.
Consequently, Justice Awogboro sentenced Elicanah to five years’ imprisonment with an option of N5 million fine and ordered the forfeiture of the truck and the seized solid minerals to the Federal Government.
