Justice Musa Kakaki of the Federal High Court in Lagos has dismissed an application filed by two defendants, Timothy Fashina Oluwabukola and Anthony Imonina Odemerho, seeking to halt their prosecution over an alleged N1.9 billion airtime fraud involving MTN Nigeria Limited. The defendants had argued that the prosecutor, Mr Emmanuel Jackson, a retired Deputy Commissioner of Police (DCP), no longer had the legal authority to continue prosecuting the case due to his retirement and alleged lack of fiat from the Attorney-General of the Federation (AGF).
Background of the Case
Timothy, an undergraduate of Moshood Abiola Polytechnic (MAPOLY) in Abeokuta, Ogun State, and Anthony, proprietor of Resign Regal Academy in Benin City, Edo State, are standing trial on charges including conspiracy, unlawful access to MTN’s computer systems, manipulation of authorisation keys and passwords, and unlawful conversion of airtime valued at N1.9 billion. The defendants are being prosecuted by operatives of the Police Special Fraud Unit (PSFU), Ikoyi, Lagos, under charge number FHC/L/562c/2024.
Legal Arguments
The prosecution contends that the offences contravene Sections 27(1)(b), 6(2), and 28(1)(b) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015, as amended in 2024, as well as Section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act, 2022. Both defendants pleaded not guilty and were granted bail on various conditions.
During proceedings, defence counsel S.O. Raheem and B.C. Alekeh urged the court to disqualify Jackson, arguing that his retirement from the police force invalidated his authority to continue without the AGF’s authorisation. In response, Jackson filed a counter-affidavit asserting that the law empowers him to continue the prosecution, as the police have the authority to engage legal practitioners to prosecute criminal matters, and the Attorney-General does not hold exclusive powers over public prosecutions.
Court Ruling
After reviewing submissions and authorities cited by both parties, Justice Kakaki upheld the prosecutor’s arguments and dismissed the defendants’ application. The court adjourned the matter to September 29, 2026, for continuation of trial.
Details of the Alleged Fraud
According to the charge, the defendants and others still at large allegedly unlawfully accessed MTN Nigeria Communications Plc’s computer systems between January and April 2024. They manipulated authorisation credentials, fraudulently obtained airtime valued at N1.9 billion, converted the airtime to data, sold it to the public, and laundered the proceeds.
