By: Problyn J. Alpha
The Environment Protection Agency Sierra Leone (EPASL) has secured a verdict against at least two Foreign Nationals for illegal mining operations contrary to section twenty four (24) subsections (1) of the Environment Protection Agency Sierra Leone Act, number fifteen (15) of 2022 in the Magistrate Court of Magistrate Alpha S. Ndoleh in Koidu City, Kono District.
The two foreign nationals Kalu Paul and David Obonnaya pleaded guilty and were subsequently sentenced to at least three years in prison or pay a joint fine of 150,000 New Leones.
Additionally, the Magistrate ordered the two to (a) reclaim the mined out areas within a period of seven days( b) the two were also prohibited from undertaking any mining activities in Sierra Leone.
On 11th January, 2023 the two were arraigned before Magistrate Ndoleh on two count charges including (a) under taking mining activities set out in the first scheduled without a valid Environmental Impact Assessment License issued by EPSAL.
Before delivering his judgment, Magistrate Ndoleh pointed out that under his watchful eye, no one will flout the laws of Sierra Leone and go free he stressed “ 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 were equally engaged in similar illegal mining activities in the Country.
Meanwhile, the Agency was represented by Barrister Halalo Allen, Manager of Legal and compliance Department of EPSAL who had 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 collective approach in strengthening environment governance. He recalled that Sierra Leone was faced with pressing environmental challenges and called for multi- sectoral approach in addressing what he referred to as environmental threats.
It could be recalled that on Tuesday 13th December 2022 EPASAL Kono Regional team in collaboration with the Sierra Leone Police from the Motema Divisional headquarters conducted a search exercise for illicit operations and project with greater environmental Impacts as stated in section twenty four (24) subsections (1) of EPASL Act number fifteen (15) of 2022. It states except otherwise provided in this Act and notwithstanding the provisions of any enactment, no person shall undertake and cause to be undertaken any of the projects set out in the first scheduled unless he holds a valid license in respect of such 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 having being interrogated by the team, it was discovered that the two were operating without acquiring an Environmental Impact Assessment (EIA) Licenses. The conduct of the two as a clear bridge to section twenty four (24) subsections (1) of the EPA Act number fifteen (15) of 2022.
Any violation of the above provision warrants the Agency to impose a fine of 150 thousand Leones for foreign national and fifty (5) thousand new Leones for a Sierra Leonean or institute a legal action. As such, the two were there arrested and taken to the Motema Police Division and were asked to pay a fine of one hundred and fifty thousand New Leones each which they failed to do until they were charged to court and convicted.