Mkpoikana Udoma
Port Harcourt — The Economic and Financial Crimes Commission, EFCC, has secured a landmark conviction in Nigeria’s fight against illegal mining.
This is as a Kwara State High Court sentenced 52-year-old Ilori Elicanah to five years’ imprisonment for unlawful possession of solid minerals.
The judge, Justice Abimbola Awogboro, who delivered the judgment, found Elicanah guilty of mining and possessing minerals without lawful authority, in violation of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 1983.
Elicanah had been arraigned in October 2024 on a one-count charge, which stated that he mined tonnes of minerals without lawful authority, transporting them in a truck bearing plate number BDG678XU.
During the trial, the prosecution called two witnesses and tendered exhibits A–E, while the defence presented four witnesses, including the defendant.
Sesan Ola, counsel for the EFCC, told the court 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 their claim that 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 the Federal Government on behalf of the people.
Justice Awogboro ruled that the EFCC had successfully established all elements of the offence.
“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,” the judge stated.
EFCC operatives had arrested Elicanah for illegal possession of minerals, and the agency hailed the court’s decision as a critical deterrent against unlawful mining, emphasizing the need for compliance with licensing and royalty obligations to protect Nigeria’s natural resources.
