Why Judge Was Forced To Adjourn Trial Of Nigerian Singer, Naira Marley For Alleged Cybercrime

The trial of a preferred musician, Azeez Fashola, popularly generally known as Naira Marley has been adjourned until February 16, 2022, by a Federal High Court in Lagos.

Justice Nicholas Oweibo on Tuesday mounted the date following the absence of an Economic and Financial Crimes Commission’s (EFCC) witness, Mr Augustine Anosike, which stalled the resumption of Marley’s trial for alleged cybercrime.

Why Judge Was Forced To Adjourn Trial Of Nigerian Singer, Naira Marley For Alleged Cybercrime 2

Anosike, a forensic analyst, is testifying as a second prosecution witness within the case.

The EFCC in October had displayed earlier than a Federal High Court in Lagos, a digital projection of a Compact Disc with 51,933 pages evaluation of the iPhone of standard Nigerian singer, Azeez Fashola aka Naira Marley.

The EFCC projected the digital proof by means of its second witness, Mr Augustine Anosike, a forensic analyst.

Anosike was nonetheless main items of proof within the trial of the defendant.

Naira Marley is going through 11 counts bordering on conspiracy, possession of counterfeit bank cards, and fraud.

The Nigerian singer was charged by the anti-graft company on May 14, 2019.

He was, nonetheless, consequently, arraigned on May 20, 2019, earlier than Justice Nicholas Oweibo.

Naira Marley had pleaded not responsible to all the costs levelled in opposition to him.

He was thereafter granted bail accordingly within the sum of two million naira, with two sureties in like sum.

The trial had since commenced within the case and the second prosecution witness who started his testimony shortly earlier than the lockdown in 2020 following the outbreak of the COVID-19 pandemic, continued his proof on Wednesday.

The witness, who resumed his testimony on Tuesday, additionally concluded his proof after the digital show.

The prosecution counsel, Rotimi Oyedepo, had informed the court docket over the past sitting that the prosecution solely printed out onerous copies of related parts of the exhibit, which is taken into account key to its case.

He had knowledgeable the court docket {that a} full model of the full evaluation was contained in a compact disc.

The printed copies of the exhibit are, nonetheless, labelled ‘Exhibit F’ whereas the CD containing full evaluation is ‘Exhibit F1’.

Punch studies that the court docket had granted the prosecution workforce depart to show the CD on a projector, to discharge its burden of proof as required by legislation.

Also on the final adjourned date, the witness had narrated how totally different textual content messages and chats containing bank card particulars, had been exchanged between Naira Marley and one other recipient recognized as Yadd.

At the resumption of the trial on Wednesday, the witness reiterated parts of his earlier testimonies of October 26.

He additionally indicated the visible spots of these testimonies, on the display screen of the projected CD.

For occasion, the witness confirmed visible shows of the bank card numbers, chats, in addition to incoming and outgoing brief message providers, which had been analysed from the defendant’s iPhone.

The witness usually recognized the “message trafficking” between the numbers +447426343432 and +447548061528.

On the entire, he informed the court docket that the CD contained a complete of 51,933 pages of the evaluation performed on the defendant system.

After the CD was displayed for about 45 minutes, the prosecutor then requested the witness to substantiate if displays A and D, had been important parts of his evaluation, and he replied within the affirmative.

But the defence counsel, Olalekan Ojo (SAN), throughout a cross-examination, first sought depart of court docket to use for a variation of its order and prayed the court docket to take custody of the iPhone of the defendant who had been within the custody of the prosecution.

He said that the Federal High Court is effectively able to retaining the displays in its custody, including that it could additionally create ease for the defence to use for the displays if wanted.

The court docket, due to this fact, famous the requests.

The defence requested, “As an experienced operative, are you aware that it is possible for a person other than the owner of a phone to have access to the use of that phone?”

The witness replied, “That will only be possible where the owner grants access.”

When the witness was requested who equipped him with the password to the iPhone, he informed the court docket that the defendant offered the password to the investigating operatives who consequently transmitted the identical to him for his evaluation.

The EFCC had alleged that Naira Marley and his accomplices conspired to make use of totally different Access Bank ATM playing cards to defraud their victims.

It additionally alleged that the defendant used a financial institution bank card issued to a different individual, in a bid to acquire fraudulent monetary beneficial properties.

The EFCC additionally mentioned that the defendant possessed counterfeit bank cards belonging to totally different individuals, with intent to defraud which amounted to theft. The alleged offence contravenes the provisions of sections 1 23 (1) (b), 27 (1) and 33(9) of Cyber Crime (Prohibition) Prevention Act, 2015.

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