Illegal mining: Court admits two Chinese nationals to bail in sum of N100m each with two sureties in like sum
By Onyewuchi Ojinnaka
Two Chinese nationals, Zhang Hong Lin and Gao Pei Hai standing trial before a Federal High Court sitting in Lagos over alleged fraud vide unlawful possession and exportation of various mineral resources out of Nigeria ,were on Friday granted bail by the trial Judge, Honourable Justice Chukwujekwu Aneke.
Justice Aneke granted the applicants/ defendants bail in his ruling on the bail application filed by them before the court.
The defendants/ Applicants had applied for bail in respect of the 5-counts charge filed against them by the Economic and Financial Crimes Commission (EFCC).
They filed the application by a Motion on Notice dated and filed on November 25, 2025, pursuant to Sections 35(4) and 36(5) of the 1999 Constitution of the Federal Republic of Nigeria ( as amended, Sections 158, 162 and 165of the Administration of Criminal Justice Act 2015 and under the inherent jurisdiction of the court.
They supported the application with a 13- paragraph affidavit disposed to by a distant cousin and a written address dated and filed on September 25, 2025.
In opposing the application for bail by the Chinese nationals, the complainant/Respondent filed a counter affidavit of 32 paragraphs on January 26, 2026 sworn to by a officer of the EFCC, one John Michael Idoko as well as a written address dated and filed on January 26, 2026.
In his ruling, Justice Aneke said that after carefully considered the affidavit evidence and written submissions of parties in respect of the application for bail, agreed that the offence charged is a serious one.
He however said that the offence charged is a bail- able one within the purview of Sections 158 and 162 of the Administration of Criminal Justice Act and Section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria 2004 which presumes the defendants/applicants innocent until proven guilty.
“Having considered the facts before the court as against the presumption of innocence in favour of the defendants/ applicants until found guilty under the law together with the paramountcy of the liberty of citizens as guaranteed by the Constitution, the onus of showing why the defendants/applicants should not be granted bail is on the Complainant/Respondent.
” This onus the Complainant/ Respondent has failed to discharge and this Honourable Court will not be influenced by extraneous considerations in refusing bail to the defendants/applicants.”
The judge held that the court must strike a balance based on the evidence before it, between the constitutional rights of the defendants/applicants to liberty and presumption of innocence until proved guilty and the right of the State to prosecute its erring citizens.
But to grant them bail, the court will put some checks in place to compel them to stand their trial.
Upon putting the checks, the court ruled that the defendants/applicants application for bail succeeds.
Accordingly, bail is hereby granted to the defendants/applicants in the following terms:
“The defendants/applicants are each admitted to bail in the sum of N100 million with two sureties in the like sum.
“One of the sureties must be a public servant in the service of the Federation or Lagos State Government not below the rank of Grade Level 15 or Holders of genuine Statutory Certificate of Occupancy of a developed landed property in Lagos Municipality while the second surety must be an official of the Chinese Embassy in Nigeria not below the rank of Grade Level 15.
“The Certified True Copy of the original Statutory Certificate of Occupancy of the developed landed propertyis to be deposited with the Deputy Chief Registrar of the Federal High Court and in case of a Public Servant, an official letter from his or her Head of Department stating the status and salary level of the surety.
“The sureties are to produce two copies each of their recent passport photographs and evidence of payment of their tax clearance.
“The defendants/ applicants are to deposit their International Passports with the registrar of this honourable court pending their trial.
“The prosecuting counsel shall within 48 hours of presentation of the Certified True Copies of the original Statutory Certificate of Occupancy or official letters from the sureties’ Heads of Departments endorse his confirmation or otherwise of the genuineness of such documents produced by the said sureties”.
Thereafter the matter was adjourned till March 10 for trial.
The 5-counts charge reads:
Count 1: That you ZHANG HONG LIN, GAO PEI HAI AND GAO PEI YU (AT LARGE) sometime in 2025 in Lagos within the jurisdiction of this Honorable Court conspired between yourselves and with intent to defraud the Federal Government of Nigeria of the revenue accruing therefrom and without the permission of the appropriate authority, engaged in the exportation of “Mica Products, Copper bearing and Litium bearing mineral resources” out of Nigeria, and you thereby committed an offence contrary to Section 8 (a) of the Miscellaneous Offences Act, 1983 and punishable under Section 8 of the same Act.
Count 2 : That you ZHANG HONG LIN, GAO PEI HAI AND GAO PEI YU (AT LARGE) on the 9″ of May, 2025 in Lagos within the jurisdiction of this Honorable Court without lawful authority had in your possession mineral resources “T-12078LA, Muscovite and Leidolite, of Mica Minerals” for exportation purpose, and you thereby committed an offence contrary to and punishable under Section 8 (b) of the Miscellaneous Offences Act, 1983
Count 3 :That you ZHANG HONG LIN, GAO PEI HAI AND GAO PEI YU (AT LARGE) on the 9″ of May, 2025 in Lagos within the jurisdiction of this Honorable Court without lawful authority had in your possession mineral resources “ APP379XWSpodumene and Petalite Ores of Lithium” for exportation purpose, and you thereby committed an offence contrary to and punishable under Section 8 (b) of the Miscellaneous Offences Act, 1983
Count 4: That you ZHANG HONG LIN, GAO PEI HAI AND GAO PEI YU (AT LARGE) on the 9″ of May, 2025 in Lagos within the jurisdiction of this Honorable Court without lawful authority had in your possession mineral resources “LSR585XDAnhydrite, Quartz, Magnesite, Bornite and Cuprite of Copper bearing” for exportation purpose, and you thereby committed an offence contrary to and punishable under Section 8 (b) of the Miscellaneous Offences Act, 1983.
Count 5 : That you ZHANG HONG LIN, GAO PEI HAI AND GAO PEI YU(AT LARGE) on the 9″ of May, 2025 in Lagos within the jurisdiction of this Honorable Court without lawful authority had in your possession mineral resources “LSR585XDSpodumene and Petalite of Lithium bearing minerals” for exportation purpose, and you thereby committed an offence contrary to and punishable under Section 8 (b) of the Miscellaneous Offences Act, 1983
