Justice Musa Kakaki of a Federal High Court, Lagos, has dismissed a motion filed by two men, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho, seeking to stop their prosecution over allegedly perpetrated airtime fraud of N1.9 billion against MTN Nigeria Limited, on the ground that the prosecutor has retired and do not have the fiat to prosecute them.
Both Timothy, an undergraduate of Moshood Abiola Polytechnic (MAPOLY), Abeokuta, Ogun State and Anthony, the Proprietor of Resign Regal Academy, Benin City, Edo State, are being tried before the court in a charge marked FHC/L/562c/2024, by the operatives of the Police Special Fraud Unit (PSFU) ikoyi, Lagos, on alleged conspiracy, unlawfully manipulation of MTN’s computer system authorization keys or passwords, unlawful conversion of MTN’s airtime valued N1.9 billion.
The offences according to the prosecutor, Barrister Emmanuel A. Jackson, a Deputy Commissioner of Police (DCP), are contrary to
Sections 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. And Section 18(2)(b) of the Money Laundering (prevention and prohibition) Act, 2022 but punishable under Section 18(3) of the same Act.
They have both pleaded not guilty to the offences and admitted on bail on various terms
However, midway to their trial, the two defendants through their lawyers, Barrister S. O. Raheem and Barrister B. C. Alekeh, brought a motion seeking to disqualify the prosecutor, Barrister Jackson, from further prosecuting their clients, arguing that haven retired from service, he can no longer prosecute them clients, on the ground that he do not have the AGF’s fiat to further prosecute them.
But in a counter-affidavit against the motion, Barrister Jackson while citing plethoras of authorities that empowered him to further prosecute the defendants on the charges against the defendant.
He also informed the court that he does not require the express authorization of the Honourable Attorney of the Federation (AGF) to prosecute this charge, as the police authority can also authorize him to do so on its behalf as its lawyer either specifically for this case or generally.
He further into the court that as a fact, that the Honourable AGF does not have monopoly of public prosecutions as other authorities and persons, including the police can also prosecute criminal cases either through officers in the police force or through private lawyers engaged by the police to do so for them.
He therefore prayed the court to dismiss the defendants’ applications.
Justice Kakaki after reading through all the processes filed by the parties, with the authorities cited, uphold the prosecutor’s arguments and consequently dismissed the defendants’ applications.
Justice Kakaki thereafter adjourned the matter to September 29, 2026, for continuation of defendants’ trial.
Charges against the defendants read: “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 Plc through the unlawful use of authorization keys and passwords to gain access to MTN web-based platform known as Application Programming Interface (API), 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 sale 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.
“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, 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) which you later converted 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 Others 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 at One Billion, Nine Hundred Million Naira (N1,900,000,000) to data which you sold to members of the public and 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 MTN 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.
