Justice Akintayo Aluko of a Federal High Court, Lagos, today, ordered the remand of two youths, Elvis Osakpolor Edokpiawe and Kelly Osas Enogieru, in the custody of Nigerian Correctional Services (NCoS), over alleged identity theft, impersonation, obtaining the sum of $150, 000, USD by false pretence and unlawful funds conversion.
Justice Aluko made the remand order, after the two defendants pleaded not guilty to the separate four counts charge, marked FHC/L/1009c/204 and FHC/L/1010c/204, made against them by the operatives of the Zone 2 Command of the Nigeria Police.
The prosecutor, Barrister Zebedee Arekhandia, Esq, ACTI, MCArb Legal Officer, told the court that the two defendants and others now at large, between 2020 and December 12, 2024, in Benin City, Edo State, and Lekki area, Lagos State.
Specifically, Barrister Arekhandia told the court that the first defendant, Elvis Osakpolor Edokpiawe, 23 years old, committed illegal acts between 2021 and December 12, 2024.
He told the court that Edokpiawe, had impersonated Thomas Lindagard of Demark who is currently in the Mediterranean Sea and used his name on social media such as Facebook, Whatsapp, Kakoatalk app, Instagram, and other internet platforms, to defraud unsuspecting victims to the tune of $10, 000 USD.
He also told the court that the second defendant, Kelly Osas Enogieru, 23 years old, impersonated one Captain Donald Ryg, United States of America Army on Peace Keeping Mission in Africa and Syria, and uses his name to defraud his victims of the sum of $140,000 USD.
He told the court that the alleged illegal acts of the two defendants contravened section 8(a) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006. And Section 27 (1) (b) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 (as amended in 2024). Section 22 (2) (a), (b) (i), (ii) and (iii) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 (as amended in 2024).
And Section 1(1) and punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006. And section 18 (2)(a)(b) (c) and d) and punishable under Section 18 (3) of the Money Laundering (Prohibition) Act, 2022.
The two defendants however denied the allegations and pleaded not guilty to the charges against them.
Based on their not guilty plea, their lawyer, Mr. Douglas Ogbankwa, informed the court that he had filed his clients’ bail applications and same have been served on the prosecutor.
Responding, the prosecutor told the court that he was served with the applications while in court, and needed time to file his response.
Consequently, Justice Aluko while adjourning the matter to December 27, for hearing of the bail applications, ordered that the two defendants be remanded till the hearing and determination of their bail applications.
Charges Against The First Defendant Read: “That you Elvis Osakpolor Edokpiawe ‘m’, and others now at large, between 2021 and 12th December, 2024, in Benin City, Edo State, and Lekki area, Lagos State, within the jurisdiction of the Lagos Judicial Division of the Federal High Court, did conspire to commit felony to wit: identity theft and impersonation, obtaining money by false pretence and conversion of proceeds of criminal act, and thereby committed an offence contrary to Section 8(a) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and Section 27 (1) (b) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 (as amended in 2024).
“That you Elvis Osakpolor Edokpiawe ‘m’, and others now at large, on the same date and place, in the aforesaid Lagos Judicial Division of the Federal High Court, did with intent to gain advantage for yourselves and others, and to obtain money by false pretence from unsuspecting people in Japan other countries, fraudulently and dishonestly commit identity theft and impersonated yourself in Facebook, Whatsapp, Kakoatalk app, Instagram, and other internet platforms, as “Thomas Lindagard of Demark who is currently in the Mediterrenean Sea”, and while in such identity theft and impersonation, you fraudulently demanded for money from your unsuspecting victims in Japan and other countries, to help you repair your ship, to buy food and for your child bills such as school fees, textbook, etc., and thereby committed an offence punishable under Section 22 (2) (a), (b) (i), (ii) and (iii) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 (as amended in 2024).
“That you Elvis Osakpolor Edokpiawe ‘m’, and others now at large, on the same date and place, In the aforesaid Lagos Judicial Division of the Federal High Court, did with intent defraud, fraudulently obtain the sum of $10, 000 USD (Ten Thousand, USA Dollars) from your victims in Japan and other countries, on the pretext to them, that you needed the money to help you repair your ship, buy food and for your chil bills such as school fees, textbook, etc, a representation you knew to be false ang thereby committed an offence contrary to Section 1 (1) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
“That you Elvis Osakpolor Edokpiawe ‘m’, and others now at large, on the same date and place, in the aforesaid Lagos Judicial Division of the Federal High Court, did convert to your own use and benefits, the sum of $10,000 USD (Ten Thousand, USA Dollars) which you fraudulently obtained from the victims of your fraudulent. act in Japan, which you knew or reasonably ought to have known was proceed of criminal act, to wit: identity theft and impersonation, and obtaining property by false pretence and thereby committed an offence contrary to Section 18 (2)(a)(b) (c) and d) and punishable under Section 18 (3) of the Money Laundering (Prohibition) Act, 2022.
While the second Defendant charge reads: “That you Kelly Osas Enogieru, ‘m’, and others now at large, between 2020 and 12th December, 2024, in Benin City, Edo State, and Lekki area, Lagos State, within the jurisdiction of the Lagos Judicial Division of the Federal High Court, did conspire to commit felony to wit: identity theft and impersonation, obtaining money by false pretence and conversion of proceeds of criminal act, and thereby committed an offence contrary to Section 8(a) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and Section 27 (1) (b) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 (as amended in 2024).
“That you Kelly Osas Enogieru, ‘m’, and others now at large, on the same date and place, in the aforesaid Lagos Judicial Division of the Federal High Court, did with intent to gain advantage for yourselves and others, and to obtain money by false pretence from unsuspecting people in China and other countries, fraudulently and dishonestly commit identity theft and impersonated yourself in Facebook, Wechat, Whatsapp, Instagram, and other internet platforms, as “Captain Donald Ryg, United States of America Army on Peace Keeping Mission in Africa and Syria who needed financial assistance, and while in such identity theft and impersonation, you fraudulently demanded for money from your unsuspecting victims in China and other countries for your Peace Keeping Mission, and thereby committed an offence punishable under Section 22 (2) (a), (b) (i), (ii) and (iii) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 (as amended in 2024).
“That you Kelly Osas Enogieru, ‘m’, and others now at large, on the same date and place, in the aforesaid Lagos Judicial Division of the Federal High Court, did with intent defraud, fraudulently obtain the sum of $140,000 USD (One Hundred and Forty Thousand USA Dollars) from your victims in China and other countries, on the pretext to them that you needed the money Peace Keeping Mission, a representation you knew to be false and thereby committed an offence contrary to. Section | (1) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
“That you Kelly Osas Enogieru, ‘m’, and others now at large, on the same date and place, in the aforesaid Lagos Judicial Division of the Federal High Court, did convert to your own use and benefits, the sum of $140,000 USD (One Hundred and Forty Thousand USA Dollars) which you fraudulently obtained from the victims of your fraudulent act in Japan, which you knew or reasonably ought to have known was proceed of criminal act, to wit: identity theft and impersonation, and obtaining property by false pretence and thereby committed an offence contrary to Section 18 (2)(a)(b) (c) and (d) and punishable under Section 18 (3) of the Money Laundering (Prohibition) Act, 2022.”
