Justice Evelyn Anyadike of the Federal High Court in Ilorin sentenced two Chinese nationals, Duan Ya Hong and Xiao Yi, to one year in prison for illegal mining and possession of solid minerals without the necessary licenses. The ruling was delivered on Wednesday, May 15, 2024.
Hong and Yi, along with their company Ebuy Concept Limited, faced charges related to illegal mining. They were arraigned on April 22, 2024, and charged with purchasing 30 tons of minerals without lawful authority in Banni, Kaiama Local Government Area of Kwara State. This offense violated Section 1(8)(b) of the Miscellaneous Offences Act 1984.
The charge read: “That you, Ebuy Trading Worldwide Nig. LTD, Duan Ya Hong, Xiao Yi sometime in the Month of February 2024 at Banni, in Kaiama Local Government Area of Kwara State, within the jurisdiction of the Federal High Court, without lawful authority, purchased minerals to wit; 30 tons of minerals conveyed in a Truck, with Registration Number JJJ 386 XT and thereby committed an offence, contrary to and punishable under Section 1(8)(b) of the Miscellaneous Offences Act 1984.”
Initially, both defendants pleaded not guilty and were granted bail of N5 million each, with two sureties in like sum. They were remanded in the custody of the Economic and Financial Crimes Commission (EFCC) until their bail conditions were met. The trial was set to commence on May 14, 2024.
During the trial, the defendants opted to plead guilty to the primary charge but maintained not guilty pleas for the remaining counts. This led to the adjournment of the case for a review of facts and potential sentencing.
At the resumed hearing, EFCC counsel Innocent Mbachie presented evidence, including extra-judicial statements, photographs of the defendants, samples of the minerals, images of the truck, and a forensic report from the Nigeria Geological Survey Agency. The defense, represented by I.A. Ahmed, did not contest the evidence, which was subsequently admitted by the court.
Justice Anyadike found the prosecution’s case convincing, stating, “The prosecution has proved its case beyond reasonable doubt.”
Consequently, she sentenced Duan Ya Hong to one year in prison with an option of a N2 million fine, while Xiao Yi received a similar sentence with an option of a N1.5 million fine.
Additionally, the court ordered the interim forfeiture of the 30 tons of minerals and the truck used for their transport.