Court convicts two truck drivers of unlawful possession of solid minerals

The Federal High Court in Ilorin, Kwara State, has convicted two truck drivers, Abdulkareem Hussaini and Aliyu Ladan of unlawful possession of solid minerals.

Trial judge Abimbola Awogboro on Thursday sentenced the convicts to one year imprisonment each in two judgements in the separate cases instituted against them.

But the judge gave them an option of N1 million in lieu of imprisonment, a statement from the Economic and Financial Crimes Commission (EFCC) stated on Friday.

The statement said the judge handed down the verdicts following the defendants pleading guilty to the separate charges preferred against them.

After the defendants pleaded guilty, EFCC’s counsel, Sesan Ola, urged the judge to convict and sentence them.

In the charges separately filed against them, although before the same judge, the prosecution stated that they were arrested on different dates last year at Ballah Asa Local Government Area of Kwara State conveying solid minerals without authorisation.

The EFCC charged Mr Hussaini with unlawful possession of 35 tons of “minerals” he allegedly conveyed on 11 June 2024 in a Layland DAF truck with number plate KTG 54 XB.

It similarly charged Mr Ladan with being in unlawful possession of 30 tons of mineral on 13 September 2024, conveyed in a SINO truck, with registration number: FTA 981 XB.

The anti-graft agency stated that their acts were contrary to and punishable under Section 1 (8) (b) of the Miscellaneous Offences Act, 1984.

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Section 1 (8) (b) of the law criminalises unlawful possession of mineral or mineral ore and prescribes life imprisonment for anyone found guilty in addition to the forfeiture of vehicle, vessel and the mineral ore recovered from the convict to the Nigerian government.

However, the one-year imprisonment the judge imposed on the two convicts fell far short of the mandatory penalties the law prescribes.

The couching of the provision gives no room for discretion, as it provides no range for punishments for the judge to pick from. It also provides no option of fine.

Illegal mining activities

Mining activity undertaken without state permission poses a major drain on Nigeria’s economy. Despite the provisions of the law, the activities of illegal miners persist.

In March, the government approved N2.5 billion to procure satellite surveillance gadgets to combat illegal mining activities in the country.

The Minister of Solid Minerals Development, Dele Alake, also noted that mining marshals have identified 457 suspected illegal mining sites in the last year.

PREMIUM TIMES has also reported the arrest and conviction of foreign illegal miners.

Two Chinese nationals were sentenced to two years imprisonment for illegal mining in Kwara State.

Earlier this month, two Chinese nationals and six Nigerians were arrested over alleged illegal mining activities in the Ogere area of Ogun State.