The Kwara State High Court in Ilorin has convicted and sentenced a 52-year-old man, Ilori Elicanah, to five years’ imprisonment for illegal mining and unlawful possession of solid minerals.
The court handed down the decision on Wednesday, according to a statement by the spokesperson for the Economic and Financial Crimes Commission (EFCC), Dele Oyewale.
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Delivering the judgement, the judge, Abimbola Awogboro, found Mr Elicanah guilty of mining and possessing solid minerals without lawful authority, in violation of the Miscellaneous Offences Act.
The EFCC had arraigned him in October 2024 on one count, which accused him of mining tonnes of minerals without authorisation in September 2022. The charge also accused him of transporting the minerals in a truck with plate number BDG678XU and chassis number LGWSRXPHHIGAD82084.
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The commisson said the offence was contrary to Section 1(8)(b) of the Miscellaneous Offences Act.
During the trial, the prosecution called two witnesses and tendered exhibits marked A–E to establish the culpability of the defendant.
The defence presented four witnesses, including the defendant, and closed its case on 11 July 2025.
In his final written address, EFCC’s prosecution lawyer, Sesan Ola, urged the court to hold that the prosecution had proved its case beyond reasonable doubt and to convict the defendant as charged.
Mr Ola noted that the defendant and other defence witnesses admitted under cross-examination that Mr Elicanah did not possess a mining licence, despite claims that he operated under a verbal instruction from Tascon Plastic Industry Nigeria Limited’s 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.
Guilty
The trial judge, Ms Awogboro, held that the sole issue for determination was whether the defendant had lawful authority to possess solid minerals as required by law.
The judge ruled that the prosecution successfully established all the ingredients of the offence and complied with Section 131 of the Evidence Act.
She dismissed the defence’s argument that the defendant should be discharged and acquitted on the grounds that the prosecution failed to call certain witnesses, describing the evidence presented by the EFCC as credible, strong and reliable.
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“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,” Mrs Awogboro held.
She consequently found Elicanah guilty, convicted him and sentenced him to five years’ imprisonment.
The conviction comes amid intensified federal enforcement against illegal mining activities across Nigeria, which authorities say result in huge revenue losses, environmental degradation and insecurity in some mining communities.
Under the Nigerian Minerals and Mining Act, 2007, individuals and companies are prohibited from mining or possessing solid minerals without a valid licence and payment of statutory royalties.
The EFCC has in recent years stepped up prosecutions related to illegal mining, describing the offence as a form of economic sabotage that undermines national economic growth.
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