Illegal Mining: Court Grants Dan China, 16 Chinese, 9 Others Bail

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By; BUHARI B. BELLO, Jos

A Jos Federal High Court II has granted bail to a miner, Alh Abdullahi Adamu alias Dan-China, 16 Chinese nationals and nine other Nigerians, who are being tried by the Federal Government over alleged illegal mining.

Justice Musa Kurya, the Presiding Judge, who granted the bail in the sum of N100 million, directed that they should produce two sureties in the position of state directors in the state civil service.

Kurya also directed, as pre-conditions, that the sureties must drop their International passports with the Court Registrar as well as all the accused persons pending the determination of the case filed by the Attorney General (AG)  of the Federation and Minister of Justice.

The award of the bail was sequel to an application made by the Dan-China and 25 other accused persons through their counsels, Mr Paul Erokoro (SAN), Joseph Danboyi and Gyang Zi during the last sitting on Mach 28.

The Federal Government had on August 14, 2017, arrested Dan-China and 25 others and charged them before Justice Kurya, on a four-count offence of illegal mining at Zurak in Wase Local Government Area of Plateau.

The government alleged that the accused persons had sometimes between 2015 and 2017, made some illegal mining activities and disposing of the minerals, thereby committing offences punishable under Miscellaneous Offences Act of Nigeria 2004.

The offences are also punishable under the Nigeria Minerals and Mining Act, 2007.

When the matter was mentioned before the judge on March 28, 2018, Erokoro had argued his application for bail to the accused persons citing section 36 of the 1999 constitution of the federal republic of Nigeria, which states that every citizen is entitled to bail.

But the Prosecuting Counsel, Mr Ali Alilu, had objected to the bail application particularly for Dan-china advancing “security reasons’’ for his objection.

The counsels to both sides had argued strongly over the bail application till when it was evening such that ruling on the application was not possible for the judge, who, as an interim measure, granted them an interim bail on that day, (March 28).

He had adjourned the case till Wednesday May, 16, for ruling on the bail application.

When the case came up Wednesday, Kurya said that the argument put up by the prosecuting counsel on the issue of “security reasons’’ for the Dan-China and fear of jumping of bail for the other accused hold no water.

“Since the came before me, I have nothing in my record to show that the 2ndand 26th accused have jumped bail nor any proof to show that the 1st accused is a security threat.

“The 1st accused is the Managing Director (MD) of the 25 other accused persons and they need him to prepare for their defence in this matter; besides the fundamental human rights of of individuals takes prominence.

“I hereby hold that the bail application succeeds; I therefore grant all the accused bail in the sum of N100 million to produce two sureties in the rank of a director in the state civil service.

“They (sureties) must produce two of their passports photographs as well deposit their international passports with the registrar of the court pending the determination of this case as pre-condition for the bail, ’’ he ordered.

Kurya however adjourned the case to June 28 for indefinite hearing.

 

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