A Federal High Court in Lagos has granted bail to two students accused of hacking MTN Nigeria's computers and stealing airtime and data worth N1.9 billion.
The students, Timothy Oluwabukola
of Moshood Abiola Polytechnic and Anthony Odemerho of Resign Regal Academy,
were granted bail of N50 million each by Justice Akintayo Aluko on Monday.
Justice Aluko, after hearing
two separate bail applications filed by the defendants, mandated that each
student provide two sureties. One surety must be a civil servant employed by
the federal or Lagos State government, holding a position of grade level 14 or
above. The other surety must own landed property within the court’s
jurisdiction, and must provide evidence of ownership along with an affidavit of
means. Additionally, the civil servant surety must present a reference letter
from their workplace and a letter of their last promotion. The defendants are
also required to submit two recent passport photographs to the court registrar.
The court instructed the
prosecution to verify all documents submitted by the sureties, including their
residential addresses. Until the bail conditions are met, Oluwabukola and
Odemerho will remain in custody at a correctional centre.
The students were arraigned on
July 30, 2024, by the Police Special Fraud Unit, facing four counts of
conspiracy, unauthorized access to MTN's web-based platform known as
Application Programming Interface (API), and unlawful conversion. The police
prosecution counsel, Justine Enang, alleged that the offences occurred between
January and April 2024, in Lagos and Edo states.
Enang claimed that Oluwabukola
and Odemerho, along with others still at large, hacked into the MTN platform
and stole N1.9 billion worth of airtime and data. The charges against them
include violations of Sections 27(1)(b), 6(2), and 28(1)(b) of the Cybercrime
(Prohibition, Prevention, etc.) Act, 2015, as amended in 2024, punishable under
Section 8(2) of the same Act. Additionally, the charges contravene Section
18(2)(b) of the Money Laundering (Prevention and Prohibition) Act, 2022,
punishable under Section 18(3) of the same Act.
The defendants pleaded not
guilty to all charges. Following their pleas, the prosecutor requested a trial
date and that the defendants be remanded in custody until the trial's
conclusion. However, the defence lawyer noted that he had already filed two
bail applications, which had been served to the prosecutor.
The prosecutor acknowledged
receipt of the bail applications during the proceedings and requested a short
date to study and respond to them. Consequently, Justice Aluko adjourned the
case until August 5, 2024, for the hearing of the bail applications.
The court's decision has
sparked discussions on the prevalence of cybercrime in Nigeria and the judicial
system's approach to such cases. The outcome of the trial will be closely
watched as it progresses, given the significant financial implications and the
involvement of a major Telecommunications Company.
As the case continues, the
legal community and the public remain attentive to developments, especially
regarding the measures taken to address cybersecurity breaches and their impact
on Nigeria's digital economy.
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