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By Correspondent in Abuja.
The Federal High Court in Abuja has fixed July 13 for judgment in the alleged illegal mining case instituted by the Federal Government against eight Chinese nationals, a Nigerian and a quarry company.
Justice James Omotosho scheduled the date on Tuesday after counsel to the prosecution and defence adopted their final written addresses and urged the court to rule in their favour.
The defendants are facing a three-count charge filed by the Attorney-General of the Federation (AGF) over alleged unlawful mining activities.
The Chinese nationals standing trial are Shen Yongchan, Mo Baixian, Xiao Bin, Huang Xu Fa, Ma Bingli, Yang Jian, Le Peiyin and Que Wenyong, listed as first to eighth defendants respectively.
Also charged are Hiyk Edward Desmond, a Nigerian, and Wanda Quarry Company Limited, named as the ninth and tenth defendants.
The Defence counsel, Oladimeji Ekengba, while adopting the defendants’ final written address, informed the court that the defence had also filed a reply on points of law on May 11 in response to the prosecution’s submissions.
He urged the court to discharge and acquit the defendants of all allegations.
“We urge your Lordship to uphold our submissions and discharge the defendants,” the lawyer said.
On his part, the Prosecution Counsel, Adeola Adedipe (SAN), adopted the Federal Government’s final written address filed on May 6 and prayed the court to convict the defendants.
“We adopt our final written address and urge your lordship to convict the defendants accordingly,” Adedipe said.
Following the submissions, Justice Omotosho adjourned the matter for judgment, adding that parties would be informed by the court registrar if an earlier date became available.
Our correspondent reports that the case was a fall out of allegations that the defendants, alongside others said to be at large, conspired to engage in unlawful quarrying activities between October 19, 2022 and June 24, 2024.
According to the charge, the defendants allegedly mined minerals within Quarry Lease No. 22284QLS belonging to Jinloys Nigeria Limited without lawful authority.
The Federal Government accused them of carrying out quarrying operations contrary to Section 3(6) of the Miscellaneous Offences Act, Cap. M17, Laws of the Federation of Nigeria, 2004, punishable under Section 1(8)(b) of the same Act.
Earlier in the proceedings, the defendants had filed a no-case submission after the prosecution closed its case.
However, Justice Omotosho dismissed the application, holding that the prosecution had established a prima facie case requiring the defendants to enter their defence.
The defence later called a sole witness, Silas Saviour Godwin, an official of the Federal Ministry of Solid Minerals Development, to testify on behalf of the accused persons.
Edited by Dada Ahmed.
