Court Remands Student, Proprietor for Defrauding MTN of N1.9bn

Wale Igbintade

Justice Akintayo Aluko of the Federal High Court in Lagos, has remanded two alleged hackers for defrauding MTN Nigeria Communication of N1.9 billion.
The alleged hackers, Timothy Fashina Oluwabukola and Anthony Imonina Odemerho, were said to be students of Moshood Abiola Polytechnic (MAPOLY) Abeokuta, Ogun State, and proprietor of Resign Regal Academy in Benin City, Edo State, respectively.

They were arraigned before the court by the operatives of the Special Fraud Unit of the Nigeria Police, Ikoyi, Lagos.
The prosecutor, Justine Enang, while arraigning the defendants told the court that the defendants hacked into the company’s system and stole airtime and data.
The were arraigned on a four-count charge of conspiracy, unauthorized access into the company’s web-based platform known as Application Programming Interface (API) and unlawful conversion.

The two men and others said to be at large, were alleged to have committed the offences between January and April this year, in Lagos and Edo States.
The prosecutor, said the defendants and others at large, conspired among themselves and accessed telecom’s Application Programming Interface (API) and obtained data from the said application, which they used to defraud the company (MTN) to the tune of N1.9 billion.
He also told the court that the alleged illegal acts of the defendants, contravened Section 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.
He further submitted that the offences are 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.

The two defendants pleaded not guilty to the four counts charge.
Following plea of not guilty, the prosecutor asked the court for a trial date, and urged the court to remand them in the custody of the Nigerian Correctional Services (NCoS) till the determination of the charge.
But, the defence lawyer informed the court that he has filed two applications for bail and same have been served on the prosecutor.
In response, the prosecutor confirmed being served with the bail applications, but told the court that he was served while the proceedings was on.
He asked the court for a short date, to enable him study the applications and respond to same accordingly.

Consequently, Justice Aluko adjourned the matter to August 5, for hearing of the defendants’ bail applications.
Charges against the defendants are: “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 Pie 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 same to your own use and benefit, and thereby committed an offence punishable under Section 6(2) of the Cybercrime (Prevention, Prohibition, etc) Act, 2015 is amended in 2024.

“That you, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and thore 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 hers 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 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 MIN 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.”