A Federal High Court in Lagos yesterday was told that 2,410 short messages were analysed from the iPhone of a Nigerian musician Azeez Fashola, (aka Naira Marley), charged with cybercrime.
A second prosecution witness, Mr Augustine Anosike, narrated how the messages as well as different credit card numbers were extracted from the defendant’s phone. Naira Marley is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on an 11-count charge of cyber fraud.
The anti-graft agency on May 14, 2019, charged Fashola for conspiracy, possession of counterfeit credit cards, and fraud. He was arraigned on May 20, 2019, before Justice Nicholas Oweibo and he pleaded not guilty. The court then granted him bail for N2m with two sureties in like sum.
The trial began last year and the second prosecution witness, who began his testimony shortly before the COVID-19 lockdown in 2020, continued his evidence yesterday. The witness was led in evidence by the prosecutor, Mr Rotimi Oyedepo, who examined him on exhibit F. The witness first confirmed to the court that the said exhibit was a conclusion of his analysis of the iPhone of the defendant.
He told the court that the device analysed is an iPhone X version 10.6, Model ‘A’ 1901, with number 07427343432 and an email: naimarley@icloud.com. The witness also gave the IMEL number of the phone as: 35304509527532 and the SIM ICCID number as 8923420035948359826.
According to him, the Apple iPhone is a sophisticated device capable of storing a large volume of information, adding that it is the sim card that identifies users of applications such as WhatsApp. He, however, told the court that so far as a number has already been registered with a particular WhatsApp account, it matters less if such a user leaves the country.
The prosecutor, after the witness’ testimony, informed the court that all the analysed texts were fully contained in a Compact Disc (CD), but that the prosecution had only printed out those portions which were material to its case.
He then sought the opinion of the court and defence counsel, if the prosecution was at liberty to bring a projector for playing the CD in the open court, to fully discharge its burden. The application was allowed by the court and not opposed by defence counsel, Mr Olalekan Ojo, SAN. Justice Nicholas Oweibo consequently adjourned the case until October 27, for projection of the CD.
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The anti-graft agency said the offence was committed on different dates between November 26, 2018, and December 11, 2018, as well as May 10, 2019.
The commission alleged that Fashola and his accomplices conspired to use different Access Bank ATM cards to defraud their victims.
It also alleged that the defendant used a bank credit card issued to another person, in a bid to obtain fraudulent financial gains.
The EFCC also said the defendant possessed counterfeit credit cards belonging to different people, with intent to defraud, which amounted to theft. The alleged offence contravened the provisions of Sections 1 23 (1) (b), 27 (1), and 33(9) of the Cyber Crime (Prohibition) Prevention Act, 2015.
