The Federal High Court in Abuja, on Wednesday, adjourned the trial of eight Chinese nationals and two others over allegations bordering on illegal mining until April 21.
Justice James Omotosho adjourned the matter following an oral application for adjournment by the defence lawyer, Joe Agi, SAN, and which was not oppose by the prosecuting counsel, Adeola Adedipe, SAN.
When the case was called, Agi informed the court that he would not be able to proceed with the trial due to the absence of their 1st defence witness (DW-1) in court.
The lawyer said the DW-1 was indisposed and could not travelled down to Abuja from Lagos State.
Responding, Adedipe did not object to the application.
“If it is on medical ground, we are not objecting my lord,” he said.
Justice Omotosho consequently adjourned the matter until April 21 for continuation of hearing.
The News Agency of Nigeria (NAN) reports that the defendants are being prosecuted by the Attorney-General of the Federation (AGF) on three-count charge.
The Chinese nationals are Shen Yongchan, Mo Baixian, Xiao Bin, Huang Xu Fa, Ma Bingli, Yang Jian, Le Peiyin, Que Wenyong as 1st to 8th defendants respectively.
While Hiyk Edward Desmond, a Nigerian, is the 9th defendant, Wanda Quarry Company Limited is the 10th defendant in the charge.
NAN recalls that 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 been able to make out a prima facie case against them with the evidence of the witnesses called that would warrant them opening their defence.
Agi had, on Feb. 25, called the DW-1, Mr Silas Saviour Godwin, who works with Federal Ministry of Solid Minerals Developmemt, to give evidence in their defence.
In count one, the defendants and others, now at large, were alleged to have, between Oct. 19, 2022 and June 24, 2024, conspired to mine “mineral” within tne cadastral area of Quarry Lease No. 22284QLS belonging to one 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.”
