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The Federal High Court in Abuja, on Wednesday, adjourned the trial of eight Chinese nationals and two others on illegal mining chrges until 21 April.
The judge, James Omotosho, adjourned the matter following an oral application for adjournment by the defence lawyer, Joe Agi, a Senior Advocate of Nigeria (SAN). The prosecution lawyer, Adeola Adedipe, also a SAN, did not oppose the request.
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When the case was called, Mr Agi informed the court that he could not proceed with the trial due to the absence of their first defence witness in court.
The lawyer said the witness was indisposed and could not travelled down to Abuja from Lagos State.
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Mr Adedipe did not object to the application.
“If it is on medical ground, we are not objecting my lord,” he said.
Mr Omotosho consequently adjourned the matter until 21 April for continuation of hearing.
The News Agency of Nigeria (NAN) the Attorney-General of the Federation (AGF) charged the on three counts of illegal mining.
The Chinese nationals among the defendants are Shen Yongchan, Mo Baixian, Xiao Bin, Huang Xu Fa, Ma Bingli, Yang Jian, Le Peiyin, and Que Wenyong.
A Nigerian, Hiyk Edward Desmond, and Wanda Quarry Company Limited are also charged as co-defendants.
NAN recalls the court had dismissed the no-case submission which the defence filed after the prosecution closed its case.
The judge held in his ruling dismissing the no-case submission that the prosecution established a prima facie case against the defendants with the witnesses’ evidence, requiring them to open their defence.
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On 25 February, defence lawyer Mr Agi called the first defence witness, Silas Saviour Godwin, who works with the Federal Ministry of Solid Minerals Development, to give evidence.
Charges
In count one, the prosecution alleged that between 19 October 2022 and 24 June 2024, the defendants and others, now at large, conspired to mine “mineral” within the cadastral area of Quarry Lease No. 22284QLS belonging to Jinloys Nigeria Limited without lawful authority.
The prosecution also accused them of “quarrying and carrying out quarrying operations, contrary to Section 3(6) of the Miscellaneous Offences Act, Cap. M17, LFN 2004, and punishable under Section 1 (8)(b) of the same Act.”
(NAN)
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