Court grants N109bn bail to foreigners accused of cybercrime

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The Federal High Court sitting in Abuja has granted bail to 109 foreigners accused of cybercrime, money laundering, and illegally staying in Nigeria.

Each is to raise N1 billion bond through  provide five sureties who must own properties in Abuja worth 200 million.

Justice Ekerete Akpan, who reeled out the bail conditions, added that the five sureties should submit affidavits of means, and titles of the properties to the Deputy Chief Registrar of the court, who will verify the residential addresses of all the sureties.

Additionally, the court ordered all the defendants to surrender their international passports and prohibited them from traveling outside the country until the conclusion of their trial.

It instructed both the defendants and their sureties to submit two recent passport photographs, adding that all the accused persons will remain in custody pending the perfection of their bail conditions.

The judge directed that the male defendants be held at Kuje prison while the females should be taken to Keffi prison in Nasarawa State.

The case has been adjourned until February 27, 2025, for trial.

The defendants are citizens of China, Indonesia, Vietnam, the Philippines, Thailand, Brazil, Malaysia, and Myanmar.

They are facing a six-count charge filed against them by the Cybercrime Unit of the Nigeria Police Force.

Their legal team, led by Dr. Ogwu Onoja, SAN, and Eric Oba, had requested the court to release them on bail pending the hearing and determination of the case. They expressed their readiness to stand trial and assured that they would not flee the country.

The Prosecution counsel, Mr. A. A. Egwu, did not oppose the request for bail, saying he would leave the decision to the court.

He however urged the court to impose strict conditions that would ensure the defendants attend the trial.

The defendants pleaded not guilty to the charges, which were translated to them into their respective languages.

The five Brazilians among the defendants – Lucas Costa Da Silva, Renan Ricardo Souza Rocha, Nelson Rocha Cardoso Neto, Rhuan Filippe Albuquerque Le Lonnes, and Aguiar Rodrigues Djeanne – had expressed the desire to be tried separately.

All the defendants were arrested at Plot 1906, Cadastral Zone 807, Katampe District of Abuja, where they were allegedly engaged in cybercrime activities, and money laundering. They are also said to be staying in Nigeria illegally.

In the suit marked FHC/ABJ/CR/599/2024, the police alleged that the defendants conspired to commit cybercrime in violation of Section 27(1)(b) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (as amended 2024).

They are also accused of unlawfully accessing a computer network and manipulating data with the intent that such altered data would be perceived as authentic, an offense punishable under Section 13 of the same Act.

The police further alleged that the 109 defendants knowingly and without authority caused losses to individuals both in Nigeria and abroad by deceiving them into believing that the unregistered gambling platforms they marketed were legitimate.

This deceptive action purportedly aimed to confer economic benefits on themselves, constituting an offense under Section 14(1) of the Cybercrimes Act.

The prosecution alleged that the defendants promoted, via electronic messages on the internet, fraudulent and unregistered gambling platforms, materially misrepresenting facts about these platforms, which led to significant economic losses for individuals both in Nigeria and outside the country, in  contravention of Section 14(2) of the Cybercrimes Act.

The defendants are also accused of transferring proceeds generated from operating fraudulent gambling platforms—including 9f.com, c2.top, and 8pg.top—out of Nigeria, constituting money laundering in violation of Section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022.

Additionally, the defendants are charged with entering Nigeria with a temporary business permit of 30 days and failing to leave the country upon its expiration, thus remaining in Nigeria without valid residency permits or appropriate visas, which violates Section 4(2) and is punishable under Section 44(1)(c) of the Immigration Act, 2015.

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