A Kwara State High Court has sentenced 52-year-old Ilori Elicanah to five years’ imprisonment after he was found 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.
Elicanah was sentenced following his arraignment by the Ilorin Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) on a one-count charge of illegal possession of solid minerals.
The charge read: “That you, Ilori Elicanah, sometime in September 2022 within the jurisdiction of the Federal High Court, without lawful authority, mined tonnes of minerals conveyed in a 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 defendant’s culpability. The defence presented four witnesses, including Elicanah, and closed its case on July 11, 2025.
In his final written address, EFCC counsel Sesan Ola urged the court to hold that the prosecution had proved its case beyond reasonable doubt and to convict the defendant as charged.
Ola noted that the defendant and other defence witnesses admitted under cross-examination that Elicanah did not possess a mining licence.
“My Lord, the defendant, DW1, DW2, and DW3 all admitted that the defendant does not possess a licence to mine, despite claiming he operated under a verbal instruction from Tascon Plastic Industry Nigeria Limited’s mining lease,” Ola said.
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 on Wednesday, Justice Abimbola Awogboro held that the sole issue 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 elements 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 due to the alleged failure of the prosecution to call certain witnesses, describing the EFCC’s evidence as credible, strong, and reliable.
“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,” Justice Awogboro stated.
She consequently found the defendant guilty, convicted him, and sentenced him to five years’ imprisonment.
