BY SUNDAY SAMUEL—The Ilorin Zonal Directorate of the Economic and Financial Crimes Commission, EFCC, on Wednesday, secured a landmark conviction in its crackdown on illegal mining activities, as a Kwara State High Court convicted and sentenced a 52-year-old man, Ilori Elicanah, to five years’ imprisonment for unlawful possession of solid minerals.
Justice Abimbola Awogboro, who delivered the judgment, found Elicanah guilty of mining 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 bordering on illegal possession of solid minerals. The charge reads:
“That you, Ilori Elicanah sometime in September, 2022 within the jurisdiction of the Federal High Court, without lawful authority, mined tones of minerals conveyed in truck with plate number BDG678XU and chassis number LGWSRXPHHIGAD82084 contrary to, and punishable under Section 1 (8) (b) of the Miscellaneous Offences Act CAP M17, 1983”
During the trial, the prosecution called two witnesses and tendered exhibits marked A–E to establish the culpability of the defendant. The defence, on its part, 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 reasonable doubt and to convict the defendant as charged. He noted that the defendant and other defence witnesses admitted under cross-examination that Elicanah did not possess a mining licence.
According to Ola, “My Lord, the defendant, DW1, DW2 and DW3 all admitted that the defendant does not possess a licence to mine, despite their claim that he operated under a verbal instruction from Tascon Plastic Industry Nigeria Limited’s mining lease.”
The prosecution relied on Section 1 of the Nigerian Minerals and Mining Act, 2007, which vests ownership and control of all mineral resources in Nigeria in the Federal Government on behalf of the people.
Delivering judgment, Justice Awogboro held that the sole issue for determination was whether the defendant had lawful authority to possess solid minerals as required by law. Citing relevant judicial authorities, the judge ruled 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 alleged failure of the prosecution to call certain witnesses, describing the evidence presented by the EFCC as credible, strong, and reliable.
Justice Awogboro stated, “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.”
She consequently found the defendant guilty, convicted and sentenced him to five years imprisonment.
Elicanah bagged his imprisonment when he was arrested by operatives of the Ilorin Zonal Directorate of the EFCC for illegal possession of solid minerals. He as charged to court and convicted.
