Nigeria’s High Court Remands Two for Allegedly Defrauding MTN Nigeria of N1.9 Billion

The Federal High Court in Lagos, presided by Justice Akintayo Aluko, has ordered the remand of two alleged hackers accused of defrauding MTN Nigeria Communication Plc of N1.9 billion. 

The accused, Timothy Fashina Oluwabukola and Anthony Imonina Odemerho, are students of Moshood Abiola Polytechnic (MAPOLY) in Abeokuta, Ogun State, and Resign Regal Academy in Benin City, Edo State, respectively.

The defendants were arraigned by operatives of the Special Fraud Unit of the Nigeria Police, Ikoyi, Lagos. 

According to the prosecutor, Justine Enang, the defendants hacked into MTN’s system, stealing airtime and data. 

They face a four-count charge of conspiracy, unauthorised access to the company’s web-based platform known as Application Programming Interface (API), and unlawful conversion.

The alleged crimes occurred between January and April 2024, in Lagos and Edo States. 

The prosecutor detailed that the defendants and their accomplices, who are still at large, conspired to gain unauthorised access to MTN’s API, which they used to obtain data and defraud the company of N1.9 billion. 

These actions are in violation of several sections of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015, as amended in 2024, and the Money Laundering (Prevention and Prohibition) Act, 2022.

“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 authorisation, 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,” said Justice Aluko.

Despite pleading not guilty, the prosecutor requested a trial date and asked that the defendants be remanded in the custody of the Nigerian Correctional Services (NCoS) until their trial concludes.

The defense lawyer revealed that bail applications had been filed and served on the prosecutor during the proceedings. The prosecutor requested time to review these applications.

Sitting for the first hearing of the case yesterday – Thursday, August 1, 2024, Justice Aluko adjourned the case to August 5 for the hearing of the bail applications. 

The charges against the defendants include conspiracy, unauthorised access to computer systems, and conversion of stolen property, all punishable under the relevant sections of the Cybercrime Act and Money Laundering Act.

The court’s decision marks a critical step in addressing cybercrimes and protecting corporate entities from significant financial losses. 

The case underscores the ongoing battle against cyber fraud in Nigeria, highlighting the importance of stringent legal measures and robust cybersecurity protocols.