The Federal High Court, Abuja Division, will deliver judgement in the case filed by the federal government against eight Chinese nationals and two others over allegations bordering on illegal mining on July 13.
Justice James Omotosho fixed the date on Tuesday after the prosecution counsel, Adeola Adedipe, SAN, and the defendants’ counsel, Oladimeji Ekengba, adopted their final written arguments and urged the court to grant their prayers.
Mr Ekengba, while adopting his court documents, said that, in addition to their final written address, the defence filed a reply on points of law in response to the prosecution’s process.
The lawyer, who said the reply on point of law was filed May 11, urged the court to discharge and acquit the defendants of the charge.
Mr Adeola, while adopting his final written address, said the application was filed on May 6.
“We adopt and urge your lordship to convict the defendants accordingly,” the senior lawyer prayed.
Mr Omotosho, who adjourned the matter for judgement, said that an earlier date for the delivery of judgement would be communicated to the parties by the registrar.
The defendants are being prosecuted by the Attorney-General of the Federation (AGF) on three counts.
The Chinese nationals are Shen Yongchan, Mo Baixian, Xiao Bin, Huang Xu Fa, Ma Bingli, Yang Jian, Le Peiyin, and Que Wenyong as the first to eighth defendants, respectively.
While Hiyk Edward Desmond, a Nigerian, is the ninth defendant, Wanda Quarry Company Limited is the 10th defendant in the charge.
After the prosecution closed its case, the defendants opted for a no-case submission.
But in a ruling, the judge dismissed their no-case application on the ground that the prosecution had made out a prima facie case against them, with the evidence of the witnesses called warranting them to open their defence.
The defendants’ lead counsel, Joe Agi, had, on February 25, called their sole defence witness, Silas Saviour Godwin, who works with the Federal Ministry of Solid Minerals Development, to give evidence in their defence.
In count one, the defendants and others, now at large, were alleged to have, between October 19, 2022, and June 24, 2024, conspired to mine “mineral” within the cadastral area of Quarry Lease No. 22284QLS belonging to Jinloys Nigeria Limited without lawful authority.
They were accused of “quarrying and carrying out quarrying operations, contrary to Section 3(6) of the Miscellaneous Offences Act, Cap. M17, LFN 2004, and punishable under Section 1(8)(b) of the same Act.”
(NAN)
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