Court Rejects Bid to Stop N1.9bn Fraud Prosecution

In a significant ruling that clears the path for a high-stakes trial, the Federal High Court in Lagos has rejected an attempt by two individuals to halt their prosecution for an alleged N1.9 billion fraud involving MTN airtime. The defendants, Timothy Fashina Oluwabukola and Anthony Imonina Odemerho, had sought to disqualify the prosecutor, Deputy Commissioner of Police Emmanuel Jackson, on the grounds of his retirement from service.

However, Justice Musa Kakaki presiding over the case, found merit in the prosecution's arguments. The court affirmed that police authorities are legally empowered to authorize officers to continue prosecutions even after retirement. This decision underscores the legal framework supporting the continuity of justice, ensuring that alleged perpetrators of serious financial crimes face trial regardless of procedural technicalities.

The prosecution, led by the Police Special Fraud Unit (PSFU), accuses the defendants of conspiracy, unauthorized access to MTN Nigeria’s computer systems, unlawful manipulation of authorization codes, and conversion of airtime valued at N1.9 billion between January and April 2024. The alleged scheme involved gaining illegal access to MTN’s Application Programming Interface (API) platform, obtaining airtime without authorization, converting it to data, and selling it to the public. The court's dismissal of the defendants' application means the trial will now proceed, with the next hearing scheduled for September 29, 2026, where the defendants, who have pleaded not guilty, will face charges related to cybercrime, unauthorized access, and money laundering.