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Alleged cyber crime: Court rejects move to examine Naira Marley’s iPhone

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The Federal High Court Sitting in Ikoyi, Lagos has overruled an application seeking to examine the iPhone SIM slot of Azeez Fashola popularly known as Naira Marley.

Naira Marley is facing an 11-count charge of conspiracy, possession of counterfeit cards and fraud before Justice Nicholas Oweibo.

The court, on Thursday listened to the cross-examination of the second prosecution witness, Mr. Anosike Augustine, a mobile forensic expert with the Economic and Financial Crimes Commission (EFCC).

But, the defence counsel, Mr. Olalekan Ojo (SAN) had asked the witness if he recalled testifying that his gadgets could capture and retrieve deleted information.

When the witness answered in the affirmative, Ojo asked if he had indicated in his Exhibit F or F1 that any information was deleted and retrieved.

In response, the witness told the court that the content of his report indicated that items recovered also included deleted information.

When the defence counsel redirected the witness to specifically answer the question, he told the court that for instance, in the column tagged messages, it was stated that two pieces of information were deleted but recovered.

He said that in the web/history column, it was indicated that about 688 information were deleted but recovered, while another web column indicated that 120 items were deleted but recovered.

Referring to Pages 1958, of Exhibit F1, the witness told the court that it indicated that an incoming text was deleted, adding that the message ID read – Nairamarley@icloud.com.

He told the court that the deleted and recovered items showed that the gadgets was able to recover even deleted information.

Defence counsel then asked the witness if the defendant’s iPhone had a SIM card when he worked on it.

In response, the witness told the court that he did not open the phone of the defendant, but only ran the extraction and emerged with the result.

When asked if he was able to detect that the iPhone was a used phone before it was sent to him for analysis, the witness replied that he was not in a position to do so.

When asked when the first information extracted was done, the witness said that for instance under contact, the first index was created on Sept. 2, 2018, and modified on Dec. 21, 2018, as recorded in the device.

Defence counsel then called for the iPhone of the defendant and applied to the court for the witness to be allowed to open the SIM slot in order to determine whether a SIM card was present.

The prosecuting counsel, Rotimi Oyedepo Hobart raised objections to the application on grounds that the witness had already testified on record that he did not open the phone during analysis.

He argued that having not done so during analysis, the witness should not be made to do so during trial.

The defence counsel countered by explaining to the court that what he sought to demonstrate was whether the SIM card was inside the iPhone of the defendant, and not to remove or tamper with it.

He told the court that he also sought to demonstrate that the said phone number of the defendant, which ended in 32, was in use at the moment, whereas the same phone was in the custody of the court

After arguments and counter-arguments, the court upheld the argument of the prosecution that opening the SIM slot was not the proper thing to do.

The judge then adjourned the case until April 6, for the continuation of trial.

According to the EFCC, the defendant committed the offences on different dates between Nov. 26, 2018, and Dec. 11, 2018, as well as on May 10, 2019.

The commission alleged that Fashola and his accomplices conspired to use different Access Bank automated teller machine cards to defraud their victims.

It alleged that the defendant used a bank credit card issued to another person, in a bid to obtain fraudulent financial gains.

The EFCC also said that the defendant possessed counterfeit credit cards belonging to different people, with the intent to defraud.

The alleged offences contravene the provisions of Sections 1 23 (1) (b), 27 (1) and 33(9) of the Cyber Crime (Prohibition) Prevention Act, 2015

Fashola, who sang the popular song: “Am I a Yahoo Boy”, was arraigned on May 20, 2019, before Justice Nicholas Oweibo, but he pleaded not guilty.

The court granted him bail in the sum of two million naira with two sureties in like sum.

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Crime & Court

Human Rights Lawyer, Dele Farotimi, Granted ₦30m Bail

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A Magistrate Court sitting in Ado Ekiti, the Ekiti State capital, has granted human rights lawyer and activist, Dele Farotimi, bail to the tune of ₦30 million. The court also mandated Farotimi to provide three sureties with landed properties within its jurisdiction.

As part of the bail conditions, the court ordered Farotimi to refrain from granting media interviews and to submit his international passport to the authorities. The case has been adjourned to February 13, 2025, for further proceedings.

Farotimi, who had been remanded at a correctional center in Ado Ekiti, arrived at the court premises on Friday at approximately 9:45 a.m. He was conveyed in a prison van accompanied by a police escort. Upon arrival, the embattled lawyer raised his hands in appreciation of a cheering crowd that had gathered outside the court to show their solidarity.

The human rights advocate is facing prosecution for allegedly defaming a Senior Advocate of Nigeria (SAN), Afe Babalola. His arrest has ignited widespread public outcry, with many Nigerians and civil society groups condemning the action and demanding his immediate release.

Farotimi’s detention and subsequent arraignment have fueled debates about the boundaries of free speech and defamation laws in Nigeria, with critics arguing that the case may stifle dissenting voices in the country.

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Crime & Court

Anambra: Police Arrest Man with Gun Hidden in Rice Bag

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Police operatives have apprehended a 25-year-old man, Enediong Bassey, in possession of a pump-action gun concealed in a bag of rice at Nkwelle-Ezunaka.

The suspect, a native of Ikono Local Government Area in Akwa Ibom State, was arrested on November 22, 2024, at 6:38 pm following credible intelligence.

This was disclosed in a statement issued on Tuesday by the Police Public Relations Officer, Anambra State Command, SP Tochukwu Ikenga.

The statement revealed that officers attached to the 3-3 Divisional Headquarters, led by CSP Emeka Obi, acted swiftly to intercept Bassey.

During interrogation, he admitted to being a member of a local vigilante group but confessed to plans of absconding with the weapon to join a criminal gang involved in armed robbery and other illicit activities.

“Given the above and following other complaints and unprofessional conduct by some security outfits and vigilante members, the Commissioner of Police, CP Nnaghe Obono Itam, in line with the principles of community policing, reiterates the calls for profiling of security operatives assisting the police and other security agencies on anti-crime operations to improve safety in the state,” the statement read.

In light of the situation, the Commissioner of Police has directed the immediate transfer of the suspect to the command’s anti-robbery squad for a thorough investigation.

The Anambra State Police Command reassured residents of its commitment to ensuring the safety and security of lives and property, urging vigilance and collaboration with law enforcement.

 

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Crime & Court

Bloggers Denied Bail Over Alleged Blackmail of GTCO, CEO, Citing Repeat Offenses

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Justice Ayokunle Faji of the Federal High Court in Lagos has ordered an accelerated trial of four bloggers accused of defaming and cyberstalking the management of Guaranty Trust Holding Company (GTCO), including its Group CEO, Mr. Segun Agbaje.

The defendants—Precious Eze, Olawale Rotimi, Rowland Olonishuwa, and Seun Odunlami—face a 10-count amended charge for allegedly publishing false and defamatory content about GTCO on various social media platforms.

During proceedings on November 13 and 14, Justice Faji dismissed their bail applications, citing the severity of the charges, which carry potential penalties of up to 14 years in prison.

The judge specifically noted that Precious Eze had previously been charged with a similar offense in another court and was on bail at the time of the alleged actions, demonstrating a likelihood of reoffending.

Justice Faji emphasized the destabilizing impact such actions could have on the banking sector, pointing to the cross-border nature of some of the allegations.

“The regulatory oversight of institutions like the Central Bank of Nigeria (CBN) should not be undermined by false claims,” the judge remarked, referencing GTCO’s CBN-approved audited statements.

At the previous hearing, defense counsel Afolabi Adeniyi had urged the court to grant bail on liberal terms, arguing that the defendants were ready to stand trial.

However, the prosecution counsel, Chief Aribisala, SAN, opposed the motion, raising concerns about the defendants potentially absconding and stressing the need for a swift trial.

In his ruling, Justice Faji rejected the defense’s plea, ordering an expedited trial to address the case’s significant implications for the financial industry.

The trial has been adjourned to December 10 and 12 for continuation.

 

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