The Federal High Court in Abuja on Tuesday fixed 13 July for judgement in the illegal mining trial of eight Chinese nationals and two others.
The judge, James Omotosho, fixed the date after the prosecution lawyer, Adeola Adedipe, a Senior Advocate of Nigeria (SAN), and the defence lawyer, Oladimeji Ekengba, adopted their final written addresses and urged the court to grant their respective prayers.
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While adopting the defence’s processes, Mr Ekengba told the court that aside from the final written address, the defendants also filed a reply on points of law in response to the prosecution’s submissions.
The lawyer said the reply on points of law was filed on 11 May and urged the court to discharge and acquit the defendants.
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On his part, Mr Adedipe informed the court that the prosecution’s final written address was filed on 6 May. “We adopt and urge your lordship to convict the defendants accordingly,” the senior lawyer said.
After listening to both parties, the judge adjourned the matter until 13 July for judgement. He, however, said the court registrar would notify the parties if an earlier date was fixed for the delivery of the judgement.
Background
The Attorney-General of the Federation (AGF) is prosecuting charged the defendants with three counts of illegal mining.
The accused Chinese nationals are Shen Yongchan, Mo Baixian, Xiao Bin, Huang Xu Fa, Ma Bingli, Yang Jian, Le Peiyin and Que Wenyong.
They were charged alongside Hiyk Edward Desmond, a Nigerian, and Wanda Quarry Company Limited, a firm.
Earlier in the proceedings, the defendants filed a no-case submission after the prosecution closed its case.
However, in a ruling, the judge dismissed the application after holding that the prosecution had established a prima facie case through the evidence presented by its witnesses, thereby requiring the defendants to open their defence.
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The defendants’ lead lawyer, Joe Agi, on 25 February, called their sole defence witness, Silas Saviour Godwin, an official of the Federal Ministry of Solid Minerals Development, to testify in their defence.
According to the charges, the defendants and others said to be at large allegedly conspired between 19 October 2022 and 24 June 2024 to mine minerals within the cadastral area covered by Quarry Lease No. 22284QLS belonging to Jinloys Nigeria Limited without lawful authority.
They were also accused of carrying out quarrying operations contrary to Section 3(6) of the Miscellaneous Offences Act, Cap. M17, Laws of the Federation of Nigeria (LFN) 2004, punishable under Section 1(8)(b) of the same Act.
