The arraignment of 109 foreigners accused of cybercrime in Nigeria was once again delayed on Friday due to discrepancies in the names listed on the charge sheet.
The foreigners, who are from China, Indonesia, Vietnam, the Philippines, Thailand, Brazil, Malaysia, and Myanmar, were arrested at their residence in Abuja earlier this month. They are accused of running fraudulent and unregistered online gaming platforms.
The foreigners are facing six counts of cybercrime, money laundering, and unlawfully residing in Nigeria. The case is being prosecuted by the Inspector General of Police (IGP).
The arraignment, originally scheduled for November 14, was delayed after the defendants failed to secure legal representation. It was rescheduled for November 22, but the hearing was once again postponed due to a new complication regarding the names on the charge sheet.
During the proceedings, defence lawyer James Onoja (SAN) informed the court that, while conducting Know-Your-Customer (KYC) procedures, the defence team discovered that the names on the charge sheet did not match the names of the accused.
Onoja explained, “This issue came to light when we were discussing the possible terms of bail for the defendants. They informed us that the names on the charge sheet were incorrect.”
The defence team raised concerns over the potential impact of these errors on the case, suggesting that the proper travel documents should be presented to ensure the correct names were reflected in the charge sheet.
“We asked the defendants to provide their travel documents, which would allow us to correctly amend the charge sheet,” Onoja added. “It is their responsibility to provide these documents for the plea and trial to proceed smoothly.”
In response, the prosecuting lawyer, A.A. Egwu, did not object to the adjournment and agreed with Onoja’s suggestion that the case be rescheduled to avoid any further complications. However, Egwu requested that the defendants’ embassies be contacted to provide their travel documents.
Egwu also pointed out that the police facility where the defendants were being held was overcrowded and lacking necessary resources. He therefore proposed that the defendants be moved to a correctional facility.
“The police facility is overwhelmed and unable to accommodate these defendants properly,” Egwu said. “It is in the best interest of justice that they be moved to a correctional centre until the case is concluded.”
The court agreed with the prosecution’s request and ordered that the defendants be transferred to Kuje and Suleja correctional centres.
However, not all the accused accepted the terms without objection. Five of the defendants, all of whom are Brazilian citizens, requested a separate trial. Their lawyer, Eric Oba, argued that his clients feared for their safety if they were remanded with the other defendants.
Oba explained, “My clients made extra-judicial statements to the police that have caused tensions with the other defendants. They are afraid for their safety and wish to remain at the police facility until the trial begins.”
The Brazilian defendants—Lucas Costa Da Silver, Renan Ricardo Souza Rocha, Nelson Rocha Cardoso Neto, Rhuan Filippe Albuqverque Le Lonnes, and Aguiar Rodrigues Djeanne—alleged that their passports were seized by their employer upon their arrival in Nigeria and requested that the Brazilian government intervene.
Oba also made an oral application to have the passports returned to the Brazilian government. He emphasized that his clients feared that the other defendants might harm them due to the tensions surrounding the statements they made.
The court acknowledged these concerns but noted that the defendants should be remanded in correctional facilities for their own safety and in line with proper legal procedures.
Justice Ekerete Akpan, who presided over the case, ordered the defendants to be remanded in Kuje and Suleja correctional centres, pending further proceedings. The judge also set a new date for the arraignment—November 29, 2024.
This is not the first time the arraignment has been delayed. On November 14, the case had already been adjourned after the defendants failed to secure legal representation. Now, with issues regarding the charge sheet and travel documents still unresolved, the case has been postponed yet again.
