Cybercrime: Court remands 109 alleged foreign hackers in prison custody
….as 5 detained Brazilians seek separate trial
ABUJA–The Federal High Court sitting in Abuja, on Friday, remanded 109 alleged foreign hackers that attempted to defraud Nigerians, in prison custody.
The defendants, who were identified as citizens of China, Indonesia, Vietnam, Philippines, Thailand, Brazil, Malaysia and Myanmar, are facing a six-count charge that was entered against them by the Cybercrime Unit of the Nigeria Police Force.
Whereas trial Justice Ekerete Akpan remanded the male defendants in Kuje prison, Abuja, he ordered that females among them should be kept at Suleja prison in Niger State, pending their arraignment.
The court subsequently adjourned the matter till next week Friday to enter the plea of the defendants to the charge.
Meanwhile, the adjournment came on a day that five Brazilians that were listed as defendants in the charge, begged the court to conduct separate trial for them.
They equally begged the court not to remand them together with the other defendants.
The accused Brazilian quintet- Lucas Costa Da Silver, Renan Ricardo Souza Rocha, Nelson Rocha Cardoso Neto, Rhuan Filippe Albuqverque Le Lonnes and Aguiar Rodrigues Djeanne- told the court that they were afraid that they could be harmed by the other defendants.
Counsel to the Brazilians, Mr. Eric Oba, who spoke on their behalf, told the court that his clients made extra-judicial statements to the police that their co-defendants were not happy about.
“The other defendants developed ill-feelings for them after the statements. My clients are afraid for their safety and will wish to be allowed to remain at the police facility,” Oba added.
Apart from notifying the court of their intention to apply for the severance of their case from that of the other defendants, Oba stressed that his clients’ passports were seized from them by their employer, after they arrived Nigeria.
He made an oral application for the passports to be returned to the Brazilian government.
Earlier, counsel to the other defendants, Mr. James Onoja, SAN, persuaded the court to shelve their planned arraignment, following what he observed as discrepancies in their names.
Onoja, SAN, noted that some of the names that were given to the defendants were not their proper names.
“My lord, I believe that it behoves on the defendants to provide their travel documents so that their proper names will be reflected on the charge sheet.
“We think that the arraignment cannot happen this morning as scheduled. This application is brought in good faith and we urge my lord to grant it,” the defence counsel submitted.
Though the prosecution counsel, Mr. A. A. Egwu, said he was not opposed to the request for the matter to be adjourned, he, however, drew the attention of the court to an ex-parte motion he filed for the defendants to be remanded in a correctional center, pending their arraignment.
“My lord, we are currently overwhelmed. We don’t have the facility to keep all the defendants. The learned silk representing the defendants can confirm this. Our operation has been shut down,” Egwu pleaded.
Confirming the development, Onoja, SAN, aligned himself with the request for the defendants to be transferred to a correctional center.
“I went there yesterday and my lord I saw them (defendants) seating around, under the staircase, everywhere.
“It was not healthy at all. They (police) don’t have the facility for the volume of people I saw there yesterday,” Onoja told the court.
While adjourning the matter, Justice Akpan directed counsel for the Brazilians to file a formal application for the severance of the trial of his clients.
The court equally gave the nod for the other defendants to produce their travelling documents for their proper names to be ascertained since the prosecution maintained that most of them were arrested without their papers.
Police had told the court that the defendants were arrested at a building situated at plot 1906, Cadestral Zone 807, Katampe District of Abuja, where they were said to be engaging in cybercrime.
Aside from cybercrime, the defendants were also charged for money laundering and an allegation that they were residing in Nigeria, illegally.
It will be recalled that the defendants could not be arraigned on the last adjourned date due to the absence of any lawyer to represent them.
In the charge before the court, marked: FHC/ABJ/CR/599/2024, police, alleged that the defendants conspired among themselves “to commit an offence, to wit; cybercrime and you thereby committed an offence contrary to and punishable under section 27 (1) (b) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”
They were also alleged to have “knowingly access a computer and network and input, alter, delete of suppress data resulting in inauthentic data with the intention that such inauthentic data will be considered or acted upon as If they were authentic or genuine and you thereby commit an offence contrary to and punishable under section 13 of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”
Police told the court that the 109 defendants, “knowingly and without authority, caused loss of property to persons in Nigeria and outside Nigeria,” when they caused the inputting and suppression of data by deceiving people to believe that an unregistered gambling platforms they were marketing, were authentic.
It alleged that the deceptive action of the defendants was for them to confer economic benefits on themselves, thereby committing an offence contrary to and punishable under section 14 (1) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).
More so, the prosecution alleged that the defendants, with intent to defraud, “did promote via electronic Messages on the internet, a fraudulent and unregistered gambling platform, materially misrepresenting facts about the said fraudulent gambling platform upon which reliance, persons in Nigeria and outside Nigeria suffered enormous economic losses and you thereby commit an offence contrary to and punishable under section 14 (2) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”
They were also alleged to have removed from Nigeria, “proceeds generated from operating a fraudulent and unregistered gambling platforms, namely: 9f.com, c2.top, 8pg.top and you thereby commit Money Laundering, contrary to and punishable under section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022.”
Likewise, the defendants were accused of entering “the territory of the Federal Republic of Nigeria with a business permit of 30 days duration and failed, or neglected to leave the Nigerian territory at the expiration of the said permit and remained in Nigeria without a valid resident permit or appropriate valid visa and you thereby contrary to section 4 (2) and punishable under section 44 (1) (c) of the Immigration Act 2015.”
Those cited as defendants in the matter are: Hanfu E, Chen Slin, Yang Yang, Peng Guang, Yan ha Wen, Wang Shan, Jun, Wang Zhan, Hang G, U Xlao Fen, Xiegang Bing. Zheng Peng Zhan, Shut at.
Jupanpan, Wang Zha Zhou tong, Fens Guo, Lichang Miao, Huang Da Dian, His Ming, Li Fang, Zhao Vifan, Wu Chao, Cal Jun Ping. Wei Jun, Mahunan, Ye um Feng. Al tun, A Feng, Xiao Bei, Lin Wet lie, Yun Ha, lI Fei, Xiao ling Qing. Ye Jun Shan, Sun Qang Qiang, Chen Ming lie, Chen lia lia, Zheng han Feng, Zhang Xiong Sheng, Niu Zhi, Chen Brao, Cuivi Fei, LIl Chang. Wang Shou Cheng, Hua lian Guo, Zheng Peng Fei, Ling Zhe Ming. Wang Xur Ze, Wei Tang, Wang Hao, Wang Y Bo, Cheng Xing, Wang Yong Xing, Chen Yan QI, Yang Xu Gung, Zhu Jiu Hui, Shi Hag Jie, Zhou Kia Lal, Xie Pan, Tu Xue File, Zixi Chen, Cheng Zeng Bin, (All of who are Chinese Citizens), Maydianto, Linda Wati (Indonesians), Dan The Anh, ChalTu Cuong, Nguyen Dac Duoc, Nguyen Thi Sen and Tran Van Khaih.
Others are: Nguyen Van Hal, Hoang Le Chien, Vu Xuan Hiep, Ngo Van Hung, Hoang Van Thanh, Nguyen Manh Duc, Tran Van Luc, Phan Duc Thien, Phan Viet Dung, Trieu Van Pu, Pham Thite Uyen, To A Si, Vi Phi Nghi, Dinh Thi Qynh, Sa Thi Gam, Pham Trong Thanu, Ho The Huong (Vietnam Citizens), Jay Mhar Avile Delos Reyes, John Mark Aviles Delos Reyes, Jeffery Ama, Asriya S. Ahmad, Charie Cervartes, Jamel Pabili Aviles, Airah Ivy Lacerna Defeo, Angelica Tayao Ama, Lovely Eidly Tayao Ama (Philippines), Panupong Wanasak, Aatairat See Ni, Laongdao Saeguang, Achalar Saeyang, Galin Suphaaut (Thailand Citizens), See Yixiong, Loh Wai Fong, Lee Chee Hau (Malaysians), Wai Thon Tun and Khun Chan Min Paing See (Myanmar).