Illegal Miner Sentenced to Five Years in Kwara

The Kwara State High Court, situated in Ilorin, has sentenced Ilori Elicanah, aged 52, to five years in prison for engaging in illegal mining and for the unlawful possession of solid minerals.

The court delivered its ruling on Wednesday, as confirmed by Dele Oyewale, spokesperson for the Economic and Financial Crimes Commission (EFCC).

Judge Abimbola Awogboro presided over the case and found Elicanah guilty of mining and possessing solid minerals without the requisite authority, breaching the Miscellaneous Offences Act.

The EFCC had charged him in October 2024, accusing him of mining large quantities of minerals without permission in September 2022. Additionally, the charge detailed that he transported these minerals using a truck with plate number BDG678XU and a chassis number LGWSRXPHHIGAD82084.

The commission highlighted that the offence was contrary to Section 1(8)(b) of the Miscellaneous Offences Act. During the proceedings, the prosecution presented two witnesses and submitted exhibits labelled A–E to substantiate the defendant's participation in the illicit activity.

In defence, four witnesses, including Elicanah himself, testified, concluding their argument on July 11, 2025. In his conclusive submission, EFCC's prosecuting attorney, Sesan Ola, argued that the prosecution had proven its case beyond a reasonable doubt, urging the court to convict Elicanah as charged.

Ola pointed out that both the defendant and other witnesses acknowledged during cross-examination that Elicanah did not hold a mining license, despite assertions that he was operating under verbal instructions related to a mining lease from Tascon Plastic Industry Nigeria Limited.

The prosecution also referred to Section 1 of the Nigerian Minerals and Mining Act, 2007, which asserts that ownership and control of all mineral resources rest with the Federal Government on behalf of its citizens.

In her judgement, Ms. Awogboro noted that the primary question for consideration was whether the defendant had lawful authority to possess solid minerals under the law.

She determined that the prosecution had effectively demonstrated all necessary elements of the offence and complied with Section 131 of the Evidence Act.

The judge rejected the defence's claim for Elicanah’s acquittal based on the prosecution not calling specific witnesses, deeming the evidence provided by the EFCC as credible, robust, and trustworthy.

“I concur completely with the prosecutor’s assertion that the defendant lacks a valid license and that there are no records of royalty payments to the Federal Government, as mandated by law,” Judge Awogboro concluded.

Consequently, Elicanah was found guilty, sentenced, and is to serve five years in prison. This conviction occurs during a period of heightened federal scrutiny aimed at curbing illegal mining activities in Nigeria, which authorities have identified as being linked to substantial revenue losses, environmental damage, and security challenges in certain mining regions.

In accordance with the Nigerian Minerals and Mining Act, 2007, both individuals and corporations are prohibited from mining or possessing solid minerals without a valid license and the payment of statutory royalties. In recent years, the EFCC has intensified its efforts in prosecuting illegal mining cases, labeling this crime as an act of economic sabotage detrimental to national economic development.