Justice Akintayo Aluko of the Federal High Court in Lagos, Monday, granted a N50 million bail sum to alleged fraudsters who were said to have defrauded MTN Nigeria Communication of the sum of N1.9 billion.
The trial judge granted them bail after hearing two separate bail applications filed by the defendants.
In addition to the bail sum, Justice Aluko also ordered the defendants to provide two sureties each one of the sureties must be a civil servant either in the federal or Lagos State employment, who must be grade level 14 and above, while the second surety, must be a landed property owner within the jurisdiction of the court, provide evidence of ownership, and must swear to an affidavit of means.
In the case of the civil servant, he/she must produce reference letter of his place of work, and letter of last promotion, while the defendants must submit two recent passport photographs to the registrar of the court.
Justice Aluko ordered that the prosecution should verify all documents submitted by the sureties including their residential addresses.
The court further ordered that the defendants be remanded in the custody of the Nigerian Correctional Services (NCoS) pending the fulfilment of their bail conditions
It would be recalled that men of the Police Special Fraud Unit, Milverton Road Ikoyi, Lagos, had last week arraigned the duo of Timothy Fashina Oluwabukola and Anthony Imonina Odemerho, said to be a student of Moshood Abiola Polytechnic (MAPOLY) Abeokuta, Ogun State, and proprietor of Resign Regal Academy in Benin City, Edo State, respectively, for allegedly hacking into MTN web-based platform known as Application Programming Interface (API) stole N1, 900, 000, 000 worth of airtime and data.
The defendants were arraigned on a four count-charge of conspiracy, unauthorized access into the company’s web-based platform known as Application Programming Interface (API) and unlawful conversion.
The two men and others said to be at large, were alleged to have committed the offences between January and April this year, in Lagos and Edo States.
The prosecutor, Justine Enang, said the defendants and others at large, conspired among themselves and gained access into telecom’s Application Programming Interface (API) and obtained data from the said application, which they used to defraud the company (MTN) to the tune of N1.9 billion.
He also submitted that the alleged illegal acts of the defendants, contravened Section 27(1)(b); 6(2) and 28(1)(b) of the Cybercrime (prohibition, prevention, etc.) Act, 2015 as amended in 2024, but punishable under Section 8(2) of the same Act.
He further submitted that the offences are contrary to section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act, 2022 but punishable under Section 18(3) of the same Act.
However, the two defendants pleaded not guilty to the four-count charge.
Following their not guilty plea, the prosecutor asked the court for a trial date, and urged the court to remand them in the custody of the Nigerian Correctional Services (NCoS) till the determination of the charge.
But, the defence lawyer informed the court that he has filed two applications for bail and same have been served on the prosecutor.
In response, the prosecutor confirmed being served with the bail applications, but told the court that he was served while the proceedings were on.
Charges against the defendants are: “That you, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and others at large, between January and April, 2024, in Lagos, within the jurisdiction of this honourable court, conspired amongst yourselves to intentionally and without authorization, gained access into MTN Nigeria Communications Plc computer system/network, with intent to obtain data from the said computer system/network, which you subsequently used to defraud the company (MTN) to the tune of one billion, nine hundred million Naira (N1, 900, 000, 000), and thereby committed an offence, contrary to Section 27(1)(b) of the Cybercrime (prohibition, prevention, etc) Act, 2015 as amended in 2024, but punishable under Section 8(2) of the same Act.
“That you, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and Others at large, between January and April, 2024, in Lagos, within the jurisdiction of this honourable court, intentionally and without authorization, accessed the computer system or network of MTN Nigeria Communication Pie through the unlawful use of authorization keys and passwords to gain access to MTN web-based platform known as Application Programming Interface (API).
“This was done with intent of obtaining airtime data from the said computer system or network, valued at one billion, nine hundred million Naira (N1, 900, 000, 000), which you sold to the public and converted the proceeds of same to your own use and benefit, and thereby committed an offence punishable under Section 6(2) of the Cybercrime (Prevention, Prohibition, etc) Act, 2015 is amended in 2024,
“That you, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and thers at large, between January and April, 2024, in Lagos, within the jurisdiction of this honourable court, unlawfully manipulated MTN Nigeria Communications Plc (MTN) computer system authorization keys or passwords which you used to access MTN. web-based platform also known as Application Programme Interface (API) and fraudulently obtained airtime from the said computer system, valued at N1, 900, 000, 000 (one billion, nine hundred million Naira).
“You later converted this to data and sold to the public and thereby caused financial loss to MTN Nigeria Communications Plc and thereby committed an offence contrary to Section 28(1)(b) of the cybercrime (prohibition, prevention, etc) Act, 2015 as amended in 2024, but punishable under Section 28(4) of the same Act.
“That you, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and hers at large, between January and April, 2024, in Lagos and Edo States, within the jurisdiction of this honourable court, directly and intentionally converted MTN Nigeria Communications Plc property to wit: airtime valued one billion, nine hundred million Naira (N1, 900, 000, 000) to data which you sold to members of the public.
“You later used the proceeds for your own benefits, which property/airtime, you knew or reasonably ought to have known formed part of the proceeds of unlawful act, namely unauthorized access into MIN computer system/network where the property/airtime was stored, and thereby committed an offence, contrary to Section 18(2)(b) of the Money Laundering (prevention and prohibition) Act, 2022 but punishable under Section 18(3) of the same Act.”
Wale Igbintade
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