Court remands Osun traditional ruler for alleged illegal gold mining

The federal government arraigned on Monday a traditional ruler and his co-defendants at the Federal High Court in Abuja on charges of illegal gold mining. The court ordered defendants’ remand in Kuje prison in Abuja pending when they would meet their bail conditions.

The Obawore of Ifetuntun in Ife Central Local Government Area of Osun State,

Oba Taofeeq Osunmakinde, along with four others and a company, allegedly carried out the illegal mining in Lege, Odigbo Local Government Area of the neighbouring Ondo State.

He was arraigned alongside his co-defendants, Sheu Mustapha, Sabiru Hashim, Danbaba Ibrahim, and a mining company, Ade Olap Global Resources Limited.

The case, filed by the Office of the Attorney-General of the Federation (AGF) and marked FHC/ABJ/CR/426/2024, has two charges.

Charges

In the first count, the prosecution accused them of conspiring among themselves and with others still at large, to illegally mine gold at the Ogunlepo mining site in Lege community, Ondo State, on 25 August. This action allegedly violates Section 3(6) of the Miscellaneous Offences Act, Cap. M17, LFN 2004, and is punishable under Section 1(8) of the same law.

The second count accuses them of unauthorised gold mining at the same location, in violation of section 1(8)(b) of the Miscellaneous Offences Act.

Illegal mining saga

Illegal mining is an intractable, entrenched criminal enterprise in Nigeria, particularly in mineral-rich states including Osun, Ondo, Oyo, Zamfara, and Plateau, among many others in Nigeria. The vast potential of Nigeria’s mining sector to contribute significantly to government revenue and boost the nation’s economy has been stifled by unregulated, illegal mining activities, which leave behind environmental degradation and violent conflicts in host communities.

As rampant as illegal mining is across Nigeria, prosecution rate, and by extension, conviction rate, are low.

Plea for bail

All five defendants, including the company, pleaded not guilty to the charges on Monday.

Thereafter, defence counsel, Vincent Ododo, urged the judge to grant bail to the defendants.

“These charges, while serious, do not carry the most severe penalties under Nigerian law. The first defendant, being a well-known traditional ruler, has every reason to appear and clear his name,” Mr Ododo told the trial judge.

The prosecutor, Toluwalope Ojo, of the AGF office did not oppose the bail request but urged the court to impose strict conditions to prevent the defendants from fleeing.

Mr Ojo requested that the defendants surrender their passports as a precautionary measure.

In his ruling, the judge, Emeka Nwite, granted bail to all the defendants.

“Bail is a fundamental right, but it must come with conditions that ensure the defendants remain available for trial,” Mr Nwite ruled.

The judge granted them bail in the sum of N20 million with one surety each.

Each of the sureties must reside in Abuja, own property in the Federal Capital Territory, and provide a three-year tax clearance certificate.

Additionally, the defendants were ordered to surrender their passports to the court and submit three recent passport photographs.

The defendants were ordered to be remanded at Kuje Prison, a maximum-security facility in Abuja, until they met their bail conditions.