A Federal High Court in Ikoyi, Lagos yesterday granted a N50 million bail to alleged fraudsters, Timothy Fashina Oluwabukola and Anthony Imonina Odemerho, who ‘defrauded’ MTN Nigeria Communication of N1.9 billion.
Justice Akintayo Aluko granted them the bail after hearing two applications filed by the defendants.
In addition, Justice Aluko also ordered the defendants to provide two sureties each who must be a civil servant either in the federal or Lagos State civil service, on grade level 14 and above, while the second surety, must be a landed property owner, provide evidence of ownership, and swear to an affidavit.
The civil servant must produce a reference letter from his place of work, and last promotion letter, while the defendants must submit two passport photographs to the registrar of the court.
Justice Aluko ordered that the prosecution should verify documents submitted by the sureties, including their residential addresses.
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The court further ordered that the defendants be remanded in the custody of the Nigerian Correctional Services (NCoS), until they fulfill their bail conditions.
Men of the Police Special Fraud Unit, Milverton Road Ikoyi, Lagos had last week arraigned Oluwabukola and Odemerho, said to be a student of Moshood Abiola Polytechnic (MAPOLY), Abeokuta, Ogun State, and Proprietor, Resign Regal Academy in Benin City, Edo State for allegedly hacking into MTN’s Application Programming Interface (API) and stole N1.9billion airtime and data.
The defendants were arraigned on a four count-charge of conspiracy, unauthorised access into the company’s web-based platform and unlawful conversion.
The two men and others said to be at large allegedly committed the offences between January and April, this year, in Lagos and Edo states.
The prosecutor, Justine Enang said the defendants and others accessed the telecom’s API and obtained data from the said application, which they used to defraud MTN of N1.9 billion.
He submitted that the alleged illegal acts of the defendants, contravene 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 offence is 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 NCoS till the determination of the charge.
But, the defence lawyer informed the court that he had filed two applications for bail and the same had 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 among 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 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. ‘
