Absence of legal representation stalls arraignment of 109 foreigners charged with cybercrime

A federal high court in Abuja has adjourned a suit filed against 109 foreigners charged with cybercrime to November 22.

The defendants, who are believed to be citizens of China, Indonesia, Vietnam, the Philippines, Thailand, Brazil, Malaysia, and Myanmar, were arrested by Nigerian police at their residence in Katampe, Abuja.

They were alleged to have engaged in cybercrime by promoting “a fraudulent and unregistered gaming platform”.

The accused persons are facing a six-count charge marked FHC/ABJ/CR/599/2024 bordering on cybercrime, money laundering and unlawfully residing in Nigeria.

At the court session on Thursday, the prosecution indicated readiness for the arraignment of the defendants.

However, Ekerete Akpan, the presiding judge, noted that the defendants had no legal representative in court.

Consequently, the judge adjourned the matter to November 22 to enable the suspects secure legal services.

THE ‘OFFENCES’

It was alleged in one of the counts that the defendants aided, abetted, and conspired among themselves “to commit an offence, to wit; cybercrime and you thereby committed an offence contrary to and punishable under section 27 (1) (b) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024)”.

They were also alleged to have “knowingly accessed a computer and network and input, alter, delete of suppress data resulting in inauthentic data with the intention that such inauthentic data will be considered or acted upon as If they were authentic or genuine and you thereby commit an offence contrary to and punishable under section 13 of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024)”.

In another count, the 109 defendants were alleged to have “knowingly and without authority caused loss of property to persons in Nigeria and outside Nigeria when you caused the inputting and suppression of data by deceiving people to believe that the unregistered and gambling platforms they were marketing were authentic for the purpose of conferring economic benefit on yourselves and you thereby commit an offence contrary to and punishable under section 14 (1) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024)”.

They were accused of “promoting via electronic Messages on the internet, a fraudulent and unregistered gambling platform, materially misrepresenting facts about the said fraudulent gambling platform upon which reliance, persons in Nigeria and outside Nigeria suffered enormous economic losses and you thereby commit an offence contrary to and punishable under section 14 (2) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024)”.

They were alleged to have removed “from Nigeria proceeds generated from operating a fraudulent and unregistered gambling platform, namely:  9f.com, c2.top, 8pg.top and you thereby commit Money Laundering, contrary to and punishable under section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022”.

The defendants were also accused of entering “the territory of the Federal Republic of Nigeria with a business permit of 30 days duration and failed, or neglected to leave the Nigerian territory at the expiration of the said permit and remained in Nigeria without a valid resident permit or appropriate valid visa and you thereby contrary to section 4 (2) and punishable under section 44 (1) (c) of the Immigration Act 2015”.