Court convicts two Chinese nationals, offers them fine option

The Federal High Court in Ilorin, Kwara State, has convicted and sentenced two Chinese nationals to two years imprisonment for illegal mining, but offered them an option of fine.

The trial judge also ordered the convicts to remit N14 million in royalties to the federal government.

The judge also ordered the forfeiture of all solid minerals found on the premises of their company in Ogun State to be forfeited to the Federal Government of Nigeria.

The prosecuting agency, the Economic and Financial Crimes Commission (EFCC), named the convicts as Yang Chao and Wu Shan Chuan in a press statement released on Monday.

The EFCC had charged the duo alongside their company Crius Chemical Nigeria Limited with one count of dealing in illegal solid minerals mining, an offence contrary to and punishable under Section 134(b) of the Nigerian Minerals and Mining Act, 2007.

Section 134(b) of the Nigerian Minerals and Mining Act, 2007 criminalises the act of mingling with samples or ore, any substances that may enhance the value or change the nature of the ore, to cheat or defraud. Anyone found guilty is liable to two years imprisonment or a fine of N500,000.

The convicts pleaded guilty to the charges.

The prosecuting counsel, Sesan Ola, then presented a witness and tendered evidence to support the case, following which the trial judge, Abimbola Awogboro, convicted and sentenced the two defendants.

The judge gave the convicts an option of paying a fine of N1 million and extended the same to the company, Crius Chemical Nigeria Limited.

Illegal mining, threat to Nigeria’s economy

Illegal mining refers to mining without legal authorisation. It has been described as a threat to the economy of the nation. Foreign nationals have been involved in illegal mining in the country.

In October 2022, the Managing Director of Sinuo Xinyang Nigeria Ltd., Dang Deng, was convicted of possessing 25 tons of illegally mined minerals.

Despite this conviction, the involvement of foreigners in illegal mining persists.

In September 2024, the EFCC arrested five Chinese nationals accused of illegal mining in Ndito-Eka-Iba village, in Ibiono Local Government Area of Akwa Ibom State.

They were allegedly involved in operating at an illegal mining site where they were extracting ilmenite, a mineral composed of titanium-iron oxide.

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Similarly, in October 2024, three Chinese nationals alongside two Nigerians were arrested at a mining site located at Rafin-Gabas, Agwada Area Council in Kokona LGA of Nasarawa State.

They were caught mining fluorite, zinc, lead, and tin.