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Judge’s absence stalls Naira Marley’s fraud trial

The trial judge, Justice Nicholas Owiebo, was said to be attending a judges’ conference.

• November 13, 2023

The trial of Nigerian singer Azeez Fashola, aka Naira Marley, charged with cybercrime, was stalled on Monday at the Lagos Division of the Federal Court in Lagos because the judge was absent.

The trial judge, Justice Nicholas Owiebo, was said to be attending a judges’ conference.

The Economic and Financial Crimes Commission (EFCC) is prosecuting the defendant on charges bordering on cybercrime.

The anti-graft agency charged Naira Marley with cyber fraud on May 14, 2019.

Mr Fashola, who sang the popular song ‘Am I a Yahoo Boy?’, was consequently arraigned on May 20, 2019, before Justice Nicholas Oweibo, but he pleaded not guilty.

The court had accordingly granted him bail of N2 million, with two sureties in like sum.

The trial has since commenced in the case and is ongoing.

On October 6, Justice Oweibo issued a warrant of arrest on the defendant following his absence from the trial on the last date.

Mr Oweibo’s order followed an application for a production warrant by the prosecution, Bilikisu Buhari.

The police in Lagos had detained Naira Marley and his associate, Sam Larry, in connection with the death of Nigerian artiste Oladimeji Aloba, aka Mohbad.

At the last adjourned date of October 30, defence counsel Olalekan Ojo informed the court that the defendant was still clearly absent from court despite the court’s order for his production.

The court had consequently adjourned the case until November 13 and 30.

The trial will now continue on the next date, November 30.

According to the EFCC, the defendant committed the offences on different dates between November 26, 2018, December 11, 2018, and May 10, 2019.

The anti-corruption agency alleged that Mr Fashola and his accomplices conspired to use different Access Bank ATM cards to defraud their victims.

EFCC alleged Naira Marley used a bank credit card issued to another person to obtain fraudulent financial gains and that he possessed counterfeit credit cards belonging to different people with the intent to defraud, which amounted to theft.

The alleged offences contravene sections 1–23(1)(b), 27 (1) and 33(9) of the Cyber Crime (Prohibition) Prevention Act, 2015.

(NAN)

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