A verdict was secured on the1st February, 2023 by the Environment Protection Agency Sierra Leone (EPASL) against two foreign nationals for illegal mining operations contrary to Section 24 Subsection (1) of the EPASL Act No. 15 of 2022.
Appearing in Magistrate Court in Koidu City, Kono District presided over by Magistrate Alpha S Ndoleh, the two foreign nationals, Kalu Paul and David Obonnaya pleaded guilty and were subsequently sentenced to 3 years in prison or pay a joint fine of NLe150, 000.
The Magistrate also ordered the two to reclaim the mined out areas within a period of 1 week as well as prohibiting the two from undertaking any mining activity in Sierra Leone.
According to the particulars of the matter, on the 11th January, 2023, the two were each arraigned before Magistrate Ndoleh on two count charges including undertaking mining activities set out in the first scheduled without a valid.
Before delivering his judgment, Magistrate Ndoleh stated that under his watchful eye, no one will flout the laws of Sierra Leone and go free. He asked rhetorically: “Do you think Sierra Leone is a lawless and free country where you can just come and mine freely without due regard to the laws of the Land?”
He expressed optimism that the verdict will serve as a strong deterrent to others that are equally engaged in similar illegal mining activities in the country.
The Agency was represented by Barrister Halalo Allen, Manager of Legal and Compliance Department of EPASL who concluded his case the very day it was presented before the court and was now left for the two convicted persons to make their submissions.
Dr. Bondi Gevao Executive Chairman of the Agency expressed excitement over the verdict and called for a collective approach in strengthening environment governance. He recalled that Sierra Leone is faced with pressing environmental challenges and called for multi sectorial approach in addressing what he referred to as environmental threats.
It could be recalled that on Tuesday 13th December, 2022 the EPASL Kono regional team, in collaboration with the Sierra Leone Police from Motema Division, conducted a search exercise for illicit operations and projects with greater environmental impact as stated in Section 24 Subsection (1) of the EPASL Act No. 15 of 2022.
It states: “Except otherwise provided in this Act and notwithstanding the provision of any enactment, no person shall undertake and cause to be undertaken any of the projects set out in the first schedule unless he holds a valid license in respect of such a project”.
In respect of the above provision and during the monitoring and compliance search, at about 1:00 pm the team was able to discover illicit mining operations at Bongar Corner (Number Six) in Kamara Chiefdom Kono District owned and supported by the two convicted persons.
The two were on site with ongoing mining operations with the use of heavy machinery (excavator) and when interrogated by the team it was discovered that the two were operating without acquiring an Environmental Impact Assessment (EIA) license.
The conduct of the two was a clear breach of Section 24 Subsection (1)of the EPA Act No. 15 of 2022 .
It is worthy of note that any violation of the above provision warrants the Agency to impose a fine of 150 thousand Leones on a foreign national and 50 thousand Leones on a Sierra Leonean or institute a legal action.
The two were arrested and taken to the Motema Police Division and were asked to pay a fine of One Hundred and Fifty Thousand Leones each which they failed to do until they were charged to court and convicted.
