A Federal High Court in Ikoyi, Lagos, presided over by Justice Musa Kakaki, has dismissed an application filed by two men seeking to halt their prosecution over an alleged N1.9 billion airtime fraud against MTN Nigeria.

The defendants, Timothy Fashina Oluwabukola, an undergraduate of Moshood Abiola Polytechnic (MAPOLY), Abeokuta, Ogun State, and Anthony Imonina Odemerho, proprietor of Resign Regal Academy in Benin City, Edo State, are standing trial before the court on allegations bordering on conspiracy, cybercrime, unauthorised access to MTN’s computer systems and money laundering.

The Police Special Fraud Unit (PSFU), Ikoyi, Lagos, had arraigned the duo through the charge designated FHC/L/562c/2024.

According to the prosecution, the defendants allegedly manipulated MTN’s computer authorisation keys and passwords to unlawfully gain access to the company’s Application Programming Interface (API), through which they allegedly obtained airtime valued at N1.9 billion.

The prosecution further alleged that the defendants converted the airtime to data, sold it to members of the public and diverted the proceeds for personal use.

The prosecutor, Emmanuel A. Jackson, a Deputy Commissioner of Police (DCP), told the court that the offences contravened provisions of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015, as amended in 2024, as well as the Money Laundering (Prevention and Prohibition) Act, 2022.

Both defendants pleaded not guilty to the charges and were admitted to bail on various terms.

During the proceedings, counsel for the defendants, S. O. Raheem and B. C. Alekeh, filed an application seeking to disqualify Jackson from further prosecuting the case.

The defence argued that, having retired from service, the prosecutor no longer possessed the legal authority to continue prosecuting the matter without obtaining a fiat from the Attorney-General of the Federation (AGF).

In response, Jackson filed a counter-affidavit, arguing that the Nigeria Police Force had the legal authority to authorise him to continue handling the prosecution on its behalf, either specifically for the case or generally as counsel to the police.

He further argued that the AGF does not possess exclusive powers over public prosecutions, insisting that the police and other legally empowered institutions can prosecute criminal matters through serving officers or external legal practitioners engaged for that purpose.

Jackson urged the court to dismiss the defendants’ application.

After reviewing the submissions and legal authorities presented by both parties, Justice Kakaki upheld the prosecutor’s arguments and dismissed the application seeking to stop the prosecution.

The court subsequently adjourned the matter until 29 September 2026 for continuation of the trial.

According to the charges, the defendants allegedly conspired between January and April 2024 to unlawfully access MTN Nigeria’s computer systems and fraudulently obtain airtime worth N1.9 billion.

The prosecution alleged that the defendants used unauthorised authorisation keys and passwords to gain access to MTN’s API platform, where they allegedly extracted airtime data which was later sold to the public.

The prosecution also accused the defendants of converting the proceeds of the alleged fraud for personal benefit, contrary to provisions of the Cybercrime Act and the Money Laundering Act. (Nigerian Tribune)

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