Justice Akintayo Aluko of the Federal High Court, Lagos on Monday, granted bail in the sum of 50 million Nigerian Naira to alleged fraudsters who are accused of defrauding MTN Nigeria Communication of 1.9 billion Nigerian Naira.
After hearing two separate bail petitions filed by the respondents, the trial judge granted them bail.
Apart from the bail amount, Justice Aluko also ordered the defendants to provide two sureties. Each surety must be a civil servant in federal or Lagos State employment, at grade level 14 or above, while the other surety must be an owner of landed property within the jurisdiction of the court, provide proof of ownership, and swear on an affidavit of means.
In case of a civil servant, he has to submit a reference letter from his place of work and letter of last promotion while the respondents have to produce two latest passport size photographs before the registrar of the court.
Justice Aluko ordered that the prosecution should verify all the documents submitted by the sureties, including their residential addresses.
The court further ordered that the defendants be detained in the custody of the Nigerian Correctional Services (NCOS) pending the completion of their bail conditions.
Recall that men of the Police Special Fraud Unit, Milverton Road Ikoyi, Lagos, last week arrested two men, Timothy Fashina Oluwabukola and Anthony Imonina Odemerho. They are said to be students of Moshood Abiola Polytechnic (MAPOLY) Abeokuta, Ogun State and owners of Racine Regal Academy in Benin City, Edo State, respectively. They are accused of hacking the MTN web-based platform known as Application Programming Interface (API) and stealing airtime and data worth N1,900,000,000.
The defendants were charged with four counts – conspiracy, unauthorized access to the company's web-based platform, known as an application programming interface (API), and unlawful modification.
The two men and others at large are accused of committing the crimes in Lagos and Edo States between January and April, this year.
Prosecutor Justin Enang said the defendants and others conspired together and gained access to the 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 Shs1.9 billion.
He also submitted that the alleged illegal acts of the respondents violate Sections 27(1)(b), 6(2) and 28(1)(b) of the Cyber Crime (Prohibition, Prevention, etc.) Act, 2015, as amended in the year 2024, but are punishable under Section 8(2) of the same Act.
He further said that these offences are contrary to Section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act, 2022, but are punishable under Section 18(3) of the same Act.
However, both the defendants pleaded not guilty to four of the charges.
Following his plea of not guilty, the prosecutor asked the court for a hearing date, and urged that he be remanded into the custody of the Nigerian Correctional Services (NCOS) pending framing of charges.
But, the defence lawyer told the court that they have filed two applications for bail and they have been handed over to the prosecutor.
In response, the prosecutor confirmed that bail applications had been sent to him, but told the court that the bail applications were sent to him while the proceedings were ongoing.
The charges against the defendants are: “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 yourself intentionally and without authorisation, gained access to the MTN Nigeria Communications Plc computer system/network with the intent to obtain data from the said computer system/network which you subsequently used to defraud the company (MTN) of the sum 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.”
“You, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and others, between January and April, 2024, in Lagos, within the jurisdiction of this honourable court, knowingly and without authorisation, gained access to the computer systems or networks of MTN Nigeria Communication Pi through the unlawful use of authorisation keys and passwords in order to gain access to the MTN web-based platform known as the Application Programming Interface (API).
“This was done with the intent to obtain 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 the 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, as amended in 2024,
“You, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and others, between January and April, 2024, in Lagos, within the jurisdiction of this honourable Court, illegally manipulated MTN Nigeria Communications Plc (MTN) computer system authorisation keys or passwords which you used to access the MTN web-based platform also known as the 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 subsequently converted it into data and sold it 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.
“You, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and their accomplices at large, between January and April, 2024, in Lagos and Edo States, within the jurisdiction of this honourable court, directly and knowingly converted the assets of MTN Nigeria Communications Plc: airtime worth One Billion, Nine Hundred Million Naira (N1, 900, 000, 000) into data which you then sold to members of the public.
“You subsequently used the proceeds for your own benefit by acquiring the property/airtime which you knew or ought to have reasonably known to be part of the proceeds of an unlawful act, namely unauthorised access to the 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.”
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