The Enugu Zonal Directorate of the Economic and Financial Crimes Commission, EFCC has arraigned two Chinese siblings: Wang Jian and Wang Richard before Justice Mohammed Garba Umar of the Federal High Court sitting in Independence Layout, Enugu for illegal mining.
The Chinese siblings were arraigned alongside Michael Berneth Agu, a Nigerian, on a three count charge bordering on exporting of mineral ore without the permission of an appropriate authority and possession of fifteen pieces of mineral ore without the permission of a lawful authority
Count one of the charge reads: “That you, Wang Jian, Richard Wang and Michael Berneth Agu, sometime in 2024 in Enugu, within the jurisdiction of the Federal High Court of Nigeria, with intent to defraud, did conspire amongst yourselves to commit a felony to wit: exporting of Mineral Ore without the permission of appropriate authority and thereby committed an offence contrary to and punishable under Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section 1 (3) of the same Act”.
Count three of the charge reads: “That you, Wang Jian, Richard Wang and Michael Berneth Agu sometime in 2024 in Enugu, within the jurisdiction of the Federal High Court of Nigeria, without lawful authority are in possession of fifteen pieces of Mineral Ore and thereby committed an offence contrary to and punishable under Section 1 (8) (b) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 2004”.
The defendants pleaded not guilty when the charges were read to them. In view of their pleas, counsel to the EFCC, Assistant Commander of the EFCC, ACE I Onjefu Obe prayed the court for a trial date and for the defendants to be remanded at the Enugu Correctional Facility.
However, defence counsel, Peter Eze, made an oral application for bail for his clients. While admitting that the court does not grant oral applications, Eze prayed the court to admit his clients to bail on the ground that the first defendant, Wang Jian, was sick and needed intensive medical care. “As regards the other two defendants my lord, we have started discussion on how to arrive at a plea bargain sir”, the defence counsel said. He thereafter prayed the court to graciously grant his clients bail.
Responding, the prosecution admitted that the charge against the foreign nationals is extremely sensitive, both at the federal and local levels and urged the court to take cognizance of the peculiarities that have to do with the casefile. “We are open for any kind of plea bargain and accelerated hearing in order to end this case as soon as possible”, he said.
After listening to both sides, Justice Umar granted the defendants bail in the sum of N10 Million each and two sureties in like sum. The sureties must be prominent members of the society who must be residents of Enugu State. The court also ordered the defendants to deposit their international passport with the court.
The defendants were remanded at the Enugu State Correctional Facility, pending when they fulfil the terms of their bail conditions. The matter was adjourned to January 21, 2025 for trial.
The defendants’ case started on November 3, 2024 when the Commission received an intelligence through the Federal Airport Authority of Nigeria, FAAN, regarding Jian who was intercepted at the hold baggage screening point, where unidentified suspicious stones believed to be solid minerals wrapped in three different pieces, were discovered in his luggage.
Investigations revealed that Jian was attempting to travel out of the country with the mineral ore in order to carry out some tests on them in China.
While Jian was nabbed on November 3, 2024 at the Akanu Ibiam International Airport, Enugu, Richard and Agu were arrested the next day at the Enugu Zonal Directorate of the EFCC as it was discovered that the defendants conspired to export the said mineral ore without requisite permit from appropriate authority.
