The Federal High Court in Abuja has ordered the remand of 109 foreign nationals (from China, Malaysia, Indonesia, Vietnam, the Philippines, Brazil, Myanmar, and Thailand) at the Nigerian Correctional Centers in Kuje and Suleja, amid a police case concerning their alleged fraudulent gambling in Nigeria.
Justice Ekerete Akpan remanded the defendants on Friday following an agreement by the counsels in the matter.
The case stems from the recent arrest of foreign nationals suspected of engaging in activities that threaten national security, including cybercrime, according to a statement by Olumuyiwa Adejobi, Force Public Relations Officer at Force Headquarters.
Facts of the Case
According to the six-count charge, the 109 defendants were accused by the Inspector General of Police (IGP) of entering the territory of the Federal Republic of Nigeria in September 2024 with a business permit valid for 30 days, failing or neglecting to leave Nigeria at the expiration of the permit, and remaining in the country without a valid resident permit or appropriate visa, in violation of the Immigration Act of 2015.
- They were also accused of knowingly accessing computers and networks, altering, deleting, or suppressing data resulting in inauthentic information, with the intent that such inauthentic data would be considered or acted upon as if it were authentic or genuine, contrary to Section 13 of the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 (As Amended, 2024).
- The police further accused them of removing from Nigeria proceeds generated from operating fraudulent and unregistered gambling platforms, including 9f.com, cz.top, and 8pg.top, thereby committing money laundering.
- The police alleged that the suspects, with the intent to defraud, promoted fraudulent and unregistered gambling platforms via electronic messages on the internet, materially misrepresenting facts about the platforms, in violation of relevant laws.
What Transpired in Court
At the resumed hearing, James Onoja SAN, counsel for most of the defendants (including Chinese, Indonesians, and others), informed the court that, in conducting Know-Your-Customer (KYC) procedures for his clients, he discovered that their actual names were not reflected on the charge sheet.
“This information came to light when we were discussing the possible terms of bail for the defendants. We told them that the court would ask for their travel documents, and they said the names on the charge sheet were not their names,” he said.
- Onoja stated that he had discussed the matter with the prosecutor, suggesting that they request the defendants’ travel documents so that their proper names could be reflected on the charge sheet. He emphasized that it was the defendants’ responsibility to provide their correct travel documents for the plea and trial to proceed smoothly.
He proposed that the arraignment be adjourned in the interest of justice.
A. Egwu, counsel for the IGP, responded that the court could make an order for the defendants’ respective embassies to provide their travel documents.
“We do not oppose the request for an adjournment,” he said.
- Egwu also drew the court’s attention to an earlier ex-parte motion, which requested that the defendants be moved from the police facility and remanded at the Nigerian Correctional Centre pending the determination of their bail.
- He explained that the police facility was overwhelmed and lacking the necessary resources.
- Eric Obah, representing defendants 100 to 104 (Brazilians), stated that he had no objection to Onoja’s submissions but requested a separate trial for his clients.
- Onoja also agreed that the defendants should be remanded at the correctional centre for their safety.
- In response to the parties’ submissions, the judge stated that, given the police’s position regarding the state of its facility, it was appropriate to remand the defendants at the Nigerian Correctional Centres.
The judge adjourned the arraignment to allow the parties to address the issue of the defendants’ names.
“Both applications are granted. This case is adjourned to November 29 for the proper arraignment of the defendants,” the judge said, directing the defendants to be remanded at the Kuje and Suleja Correctional Centres respectively.
What You Should Know
In a statement titled “IGP Orders Thorough Investigation into Possible Security Threats, Networking,” the police indicated that the suspects’ alleged involvement in high-level cybercrimes and activities threatening national security would be thoroughly investigated.
“This strategic operation was conducted through a coordinated raid on a building in the Next Cash and Carry area of Jahi, Abuja, where the suspects were reportedly using computers and other sophisticated devices to facilitate criminal activities. The operation, led by the Assistant Inspector-General of Police for Zone 7 Headquarters, Abuja, AIG Benneth Igweh, on Saturday, November 3, 2024, involved officers from the Nigeria Police Force Zone 7 Command Abuja and the National Cyber Crime Centre (NPF-NCCC),” the statement disclosed.
- The Nigeria Police Force Command Abuja, especially the National Cyber Crime Centre (NPF-NCCC), is Nigeria’s premier authority on cybercrime prevention and enforcement, dedicated to safeguarding digital spaces and protecting citizens from online criminal activities.
- While the police’s statements against the suspects remain allegations, the police’s stance on cybercrime offenses in court has been stringent.
At a recent event, Haruna Jalo-Waziri, Chief Executive Officer of the Central Securities Clearing System (CSCS), revealed that in Nigeria, the landscape of cybercrime remains particularly challenging, with “businesses facing an alarming average of 2,560 cyberattacks each week.”
