Crime
Alleged Cybercrime: Naira Marley’s trial continues June 1
The cross-examination of the second prosecution witness in the trial of a musician, Azeez Fashola (a.k.a Naira Marley) facing cybercrime charges, was concluded on Thursday.
The second prosecution witness, Mr Augustine Anosike, is a forensic analyst, who began evidence in 2021.
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.
On Thursday, defence concluded cross-examination of the second prosecution witness, who ended evidence on Oct. 27, 2021.
During the cross-examination, defence counsel, Mr Olalekan Ojo (SAN), asked the witness what he understood by “to authorise a text or WhatsApp message”.
In response, the witness told the court that in his opinion, authorship referred to the producer or maker of the text.
On whether he confirms if the messages extracted from Fashola’s phone were products of human activities, he said, “I cannot tell because I am not in possession of the gadgets that transferred the messages”.
According to him, since the gadgets used for sending and receiving messages belonged to a human, that human is supposed to know how the messages emerged.
Defence counsel also asked the witness if he indicated in his report that the name Azeez Fashola was the sender of any of the messages.
The witness attempted to state that the defendant had other names saved in his phone, but defence counsel asked him to answer the question directly.
In response, the witness replied, “I cannot remember”.
When defence counsel asked that Exhibit F be shown to the witness as it contained details of his analysis which he had told the court was material to the case, the witness replied “My lord, I am not sure.”
Defence counsel then said, “My lord, we are not comfortable with the reply: “I am not sure”.
Ojo again reminded the witness that he had told the court that everything contained in Exhibit F was deemed relevant, adding that his reply before the court showed an attempt to be evasive.
Later, the witness replied: “In my report, I did not indicate such, but the general principle is that the owner of a phone is the sender of a message except he gave the phone to another person.”
Following his response, defence suggested to the witness that in Exhibit F, his extraction did not show the number of people who had used the phone other than the owner.
The witness replied, “Yes.”
The witness also testified that ownership of a phone was not the same thing as usage of that phone.
He, however, told the court that he was not sure if a SIM card number could be shared or used by different persons.
When asked if from Exhibit A, there was any indication that the suspect had other names, the witness replied, “There is no column for other names; it is not indicated.”
On whether his analysis on Exhibit F showed or linked the messages to fall within Nigeria’s territory, the witness replied: “The configuration of a phone depends on whether the location can be detected.
“If GPS is on, it can be detected, but if GPS is not enabled, then only the owner has knowledge of where he is sending or receiving messages from.”
Defence then said to the witness, “I suggest to you that it is the sender of the messages in this case that can know the truth or otherwise of this case,”
The witness replied, “Yes, my lord.”
The court adjourned the case until June 1 for re-examination of the witness and 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 ATM 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 intent to defraud which amounted to theft.
The alleged offences contravene the provisions of Sections 1 23 (1) (b), 27 (1) and 33(9) of Cyber Crime (Prohibition) Prevention Act, 2015.
(NAN)
An Ikeja Magistrates’ Court, Lagos, on Wednesday, remanded two persons, Olaitan Fasasi and Kehinde Tobiloba in a correctional facility over alleged attempted murder.
Fasasi, 40, and Tobiloba, 26, whose addresses were not provided, are being charged with conspiracy, attempted murder and membership of a secret society.
The Magistrate, Mr L.A Owolabi, did not take the plea of the defendants for want of jurisdiction.
Owolabi directed the police to forward the case file to the Director of Public Prosecution for legal advice.
He thereafter adjourned the case until May 31 for mention.
The Prosecutor, Josephine Ikhayere, told the court that the defendants committed the offences at about 5.02p.m on Feb. 15, at Mushin, Lagos.
She said that Fasasi, Tobiloba and others now at large, attempted to commit murder by shooting at a resident, Alfred Ademola.
“They armed themselves with a locally made gun. They belong to Eiye Confraternity, a group proscribed by law,”, she said.
Ikhayere said that the offences contravened Sections 230(1) and 411 of the Criminal Law of Lagos State, 2012.
He said that the actions of the defendants also contravened Section 2(3)(a)(b)(c)(d) of the unlawful societies and Cultism Law of Lagos State Law.
An Area Court in Jos, on Tuesday, sentenced one Jeptha John, to three months imprisonment for stealing a Redmi mobile phone valued at N165, 000.
The judge, Shawomi Bokkos, sentenced the John after he pleaded guilty to the offence.
The judge, however, gave the convict an option to pay N20, 000 fine and N50, 000 restitution to the complainant.
Bokkos said that if the convict defaulted in paying the restitution, three months should be added to his sentence to make it six months imprisonment.
Earlier, the police prosecutor, Insp Monday Dabit, told the court that the case was reported at the B Division Police Station, Jos, on Dec. 1, 2024, by Ms Nerat Danjuma.
He said that the complainant alleged that the defendant trespassed into her house and stole her mobile phone valued at N165, 000.
The prosecutor further told the court that the offence contravened the Plateau State Penal Code, Law of Northern Nigeria.
Troops of the Nigerian army have apprehended no fewer than 15 persons over suspected oil theft and illegal oil bunkering activities in the Niger Delta.
Lt.-Col. Danjuma Danjuma, the Spokesman, Nigerian Army, 6 Division, Port Harcourt, said in a statement on Monday that the operations were carried out in Akwa Ibom, Bayelsa, Delta, and Rivers recently.
Danjuma said that the army apprehended 15 persons, dismantled 32 artisanal refineries and seized 14 boats during operations.
He further said that during the operations, conducted between Jan. 6 and 12, the troops confiscated no fewer than 60,000 litres of various petroleum products
The spokesman said that the operations were part of a broader collaborative effort with other security agencies to combat oil theft in the Niger Delta region.
Danjuma said that the raid commenced in Bille, Degema Local Government Area, and Rivers, where soldiers dismantled seven illegal refining sites, confiscated 20,000 litres of crude oil, and destroyed two boats.
“We also deactivated ten illegal refineries, several crude oil cooking pots, and receivers, and recovered about 19,000 litres of stolen petroleum products along the Imo River.
“In Odagwa, Etche, our troops intercepted three boats carrying about 12,000 litres of stolen crude oil and arrested three suspects in the process.
“Similar operations were carried out in Abiama, Asa, Obuzor, Okoloma, Ozaa, Ukwa, and Oyigbo” he added.
He stated that the soldiers advanced to Nkisa in Ogba/Egbema/Ndoni Local Government Area of Rivers, where they confiscated 1,600 litres of crude oil and 1,200 litres adulterated diesel.
Danjuma said that along Ndoni Road, the troops intercepted a Toyota van transporting an estimated 1,200 litres of stolen condensate.
The spokesman said that in Buguma, Asari-Toru, Rivers, the troops dismantled two illegal refineries, seized 1,500 litres of stolen crude oil, and apprehended five suspects.
“In Baberegbene, Southern Ijaw, Bayelsa, our soldiers dismantled an illegal artisanal refinery and intercepted a wooden boat carrying no fewer than 1,500 litres of stolen
“Similarly, an illegal refining site containing an unquantified quantity of stolen petroleum products was deactivated in Emago-Kugbo and Oluasiri communities in Nembe, Bayelsa.
“The operations continued in Akwa Ibom and Delta, where troops maintained a strong presence and effectively denied economic saboteurs the liberty to operate,” he said.
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