The Federal High Court in Abuja has adjourned the case involving eight Chinese nationals and two other defendants over allegations of illegal mining. The court will deliver its judgment on July 13, 2026.
Justice James Omotosho set the date after both the Prosecution Counsel, Adeola Adedipe, SAN, and the defendants’ counsel, Oladimeji Ekengba, presented their final written addresses and made their respective prayers to the court.
During the proceedings, Ekengba, representing the defense, filed a reply on point of law on May 11, addressing the prosecution’s arguments. In his submission, Ekengba urged the court to discharge and acquit the defendants, stating that the defense had made its case clear.
On the other hand, Adeola, the Prosecution Counsel, who filed his final written address on May 6, prayed for the conviction of the defendants, urging the court to uphold the charges and find the accused guilty of illegal mining.
Justice Omotosho adjourned the case for judgment and noted that the exact date for the judgment would be communicated to the parties by the court registrar.
The defendants are being prosecuted by the Attorney-General of the Federation (AGF) on a three-count charge. The eight Chinese nationals involved in the case are Shen Yongchan, Mo Baixian, Xiao Bin, Huang Xu Fa, Ma Bingli, Yang Jian, Le Peiyin, and Que Wenyong, who are the 1st to 8th defendants, respectively. Hiyk Edward Desmond, a Nigerian, is the 9th defendant, while Wanda Quarry Company Limited is the 10th defendant in the charge.
The prosecution had earlier closed its case, prompting the defendants to file a no-case submission. However, Justice Omotosho dismissed the application, ruling that the prosecution had established a prima facie case with sufficient evidence to warrant the defendants opening their defense.
In their defense, the defendants’ lead counsel, Joe Agi, called a sole witness, Mr. Silas Saviour Godwin, who works with the Federal Ministry of Solid Minerals Development. Godwin provided evidence in support of the defense case.
According to the charges, the defendants, along with others now at large, were allegedly involved in illegal mining activities between October 19, 2022, and June 24, 2024. They are accused of mining in the cadastral area of Quarry Lease No. 22284QLS, which is owned by Jinloys Nigeria Limited, without proper legal authority. The defendants are charged under Section 3(6) of the Miscellaneous Offences Act, Cap. M17, LFN 2004, and punishable under Section 1(8)(b) of the same Act.
