A Federal High Court sitting in Lagos has granted bail, in the sum of ₦50 million to two hackers who allegedly gained access to MTN Nigeria Communications PLC’s systems and stole ₦1.9 billion worth of airtime and data between January and April this year. The suspects, Timothy Oluwabukola and Anthony Odemerho, were paraded before Justice Akintayo Aluko on a four-count charge of conspiracy, unauthorized access to the company’s web-based Application Programming Interface (API), and unlawful conversion.
The prosecutor, Justine Enang, had told the court that the defendants and others at large conspired among themselves and accessed the telecom’s Application Programming Interface (API) of MTN and obtained data from the said application, which they used to defraud the company to the tune of N1.9 billion.
Enang also claimed that the offences contravened sections 27(1)(b), 6(2), and 28(1)(b) of the Cybercrime (prohibition, prevention, etc) Act, 2015, as amended in 2024, but were punishable under Section 8(2) of the same Act.
He also informed the court that the offences violated section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act, 2022, but punishable under Section 18(3) of the same Act.
Justice Aluko, in his ruling on separate bail applications filed by the defendants through their lawyers, ordered them to produce two sureties, one of whom must be a civil servant either in the federal or Lagos state civil service and a grade level 14 officer.
The judge also directed that the second surety must be a landed property owner within the jurisdiction of the court, must provide evidence of ownership, and swear to an affidavit of means.
The court further directed that the defendants should be remanded in the custody of the Nigerian Correctional Services (NCoS) pending the perfection of their bail conditions.
Charges against the defendants are:
“That you, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and others at large, between January and April, 2024, in Lagos, within the jurisdiction of this honourable court, conspired amongst yourselves to intentionally and without authorization, gained access into MTN Nigeria Communications Plc computer system/network, with intent to obtain data from the said computer system/network, which you subsequently used to defraud the company (MTN) to the tune of one billion, nine hundred million Naira (₦1, 900, 000, 000), and thereby committed an offence, contrary to Section 27(1)(b) of the Cybercrime (prohibition, prevention, etc) Act, 2015 as amended in 2024, but punishable under Section 8(2) of the same Act.
“That you, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and Others at large, between January and April, 2024, in Lagos, within the jurisdiction of this honourable court, intentionally and without authorization, accessed the computer system or network of MTN Nigeria Communication Pie through the unlawful use of authorization keys and passwords to gain access to MTN web-based platform known as Application Programming Interface (API).
“This was done with intent of obtaining airtime data from the said computer system or network, valued at one billion, nine hundred million Naira (N1, 900, 000, 000), which you sold to the public and converted the proceeds of same to your own use and benefit, and thereby committed an offence punishable under Section 6(2) of the Cybercrime (Prevention, Prohibition, etc) Act, 2015 is amended in 2024,
“That you, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and thers at large, between January and April, 2024, in Lagos, within the jurisdiction of this honourable court, unlawfully manipulated MTN Nigeria Communications Plc (MTN) computer system authorization keys or passwords which you used to access MTN. web-based platform also known as Application Programme Interface (API) and fraudulently obtained airtime from the said computer system, valued at ₦1, 900, 000, 000 (one billion, nine hundred million Naira).
“You later converted this to data and sold to the public and thereby caused financial loss to MTN Nigeria Communications Plc and thereby committed an offence contrary to Section 28(1)(b) of the cybercrime (prohibition, prevention, etc.,) Act, 2015 as amended in 2024, but punishable under Section 28(4) of the same Act.
“That you, Timothy Fashina Oluwabukola, Anthony Imonina Odemerho and others at large, between January and April 2024, in Lagos and Edo States, within the jurisdiction of this honourable court, directly and intentionally converted MTN Nigeria Communications Plc property to wit: airtime valued one billion, nine hundred million Naira (₦1, 900, 000, 000) to data which you sold to members of the public.
“You later used the proceeds for your own benefits, which property/airtime, you knew or reasonably ought to have known formed part of the proceeds of unlawful act, namely unauthorized access into MIN computer system/network where the property/airtime was stored, and thereby committed an offence, contrary to Section 18(2)(b) of the Money Laundering (prevention and prohibition) Act, 2022 but punishable under Section 18(3) of the same Act.”
The Defendants pleaded not guilty to all counts.
