Two Students Granted Bail After Alleged Hacking of MTN Computers

On August 6 2024, a significant legal development occurred in Lagos when the Federal High Court granted bail to two students, Timothy Oluwabukola and Anthony Odemerho, who are accused of hacking into the computers of MTN Nigeria Communications. The bail, set at N50 million each, follows allegations that the duo stole airtime and data valued at an astonishing N1.9 billion.

The presiding judge, Justice Akintayo Aluko, made the ruling after considering separate bail applications from the defendants. The conditions attached to the bail included the necessity for each defendant to provide two sureties. One of these sureties must be a civil servant employed at either the federal or Lagos State level, holding a position of grade level 14 or higher. The second surety must own landed property within the court’s jurisdiction, furnish proof of ownership, and affirm their financial capability through an affidavit.

Furthermore, the court mandated that the civil servant surety provide a reference letter from their employer and documentation regarding their most recent promotion. The defendants are also required to submit two recent passport photographs to the court registrar. Justice Aluko ordered the prosecution to verify all submitted documents, including the sureties’ residential addresses, to ensure compliance with the court’s requirements.

Pending the fulfillment of these conditions, the court ordered that Oluwabukola and Odemerho remain in custody at a Correctional Centre. The two students, who hail from Moshood Abiola Polytechnic and Resign Regal Academy, respectively, were initially arraigned on July 30, 2024, by the Police Special Fraud Unit.

The allegations against them involve four counts related to conspiracy, unauthorized access to a web-based platform known as the Application Programming Interface (API), and unlawful conversion of data. According to the prosecution, the defendants, along with accomplices who are currently at large, committed these offenses between January and April 2024 in Lagos and Edo states.

The prosecution, represented by Justine Enang, highlighted that the defendants breached several legal provisions, including Sections 27(1)(b), 6(2), and 28(1)(b) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015. These violations are punishable under Section 8(2) of the same Act. Additionally, their actions contravened Section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act, 2022, punishable under Section 18(3) of that Act.

Despite the serious nature of the charges, both Oluwabukola and Odemerho pleaded not guilty. Following their plea, the prosecution requested a trial date and sought to keep the defendants in custody until the case is resolved. However, the defense attorney informed the court that bail applications had been filed and served to the prosecution. The prosecutor confirmed receipt of these applications but requested additional time to review them before responding.

In light of these circumstances, Justice Aluko scheduled the next hearing for August 5, 2024, where the bail applications would be further discussed.

This case underscores the rising incidents of cybercrime and the importance of stringent measures to combat such activities. As technology evolves, so do the tactics employed by individuals seeking to exploit vulnerabilities within digital systems. The judicial proceedings will be closely monitored as they unfold, reflecting the ongoing challenges faced by law enforcement and the legal system in addressing cyber-related offenses.