Internet Fraud: Court Rules On Morpha’s Associates’ Bail Monday
Justice Sule Hassan of a Federal High Court, Lagos, Thursday, fixed Monday, December 9, for ruling on bail filed by alleged two internet fraudsters, Kayode Philip a.k.a. Voice of the King and his Lebanese accomplice, Hamza Koudeih a.k.a. HK.
They were arraigned before the court on November 28, on a 25 count-charge of conspiracy, phishing, spamming and unlawful conversion.
The offences according to the EFCC through its lawyer, A. O. Muhammed contravened sections 18(a), 15(2)(d), 18(c) of the Money Laundering (Prohibition) Act, 2015 and punishable under section 15(3) of the same Act.
The offences also contravened sections 27(1)(b), 28(2), 32(2) and 33(9) of the Cybercrimes (Prohibition, Prevention etc)Act,2015 and punishable under section 32 (2) of the same Act.
The two defendants had pleaded not guilty to the charges.
The judge while ordered that they should be remanded in the custody of the Nigerian Correctional Services (NCS) formerly Nigerian Prison Services, while adjourned till today for hearing of their bail applications.
At the resumed hearing of the alleged internet Fraudsters bail applications, their lawyers, Oluwadare Falana and Abdulhammed Muhammed, urged the court to grant their clients bail in the most liberal terms.
The defendants’ lawyers cited sections 35 and 36 of 1999 Constitution of the Federal Republic of Nigeria (as amended) and sections 158, 162,163 and 164 of the Administration of Criminal Justice Act (ACJA) 2015, which they said allowed the court to grant bail to the defendants, as they are presumed to be innocent until contrary is proven.
Responding, the prosecutor, Mr. Muhammed, pleaded with the court to discountenance the defendants’ bail applications.
He told the court that the first defendant, Kayode, being having wide knowledge on the internet, will tamper with the evidence to be used against him. While he told the court that the second defendant, Hamza, resisted arrest to the extent of hidden in the roof of his house when the EFCC operatives wanted to arrest him.
He also told the court that the second defendant’s attitude while in the EFCC’s custody was not of good act.
He cited section 162 of ACJA 2015, to support his submission. He, however, stated that in the case the court is mindful of admitting the defendants to bail, it should be of conditions that will ensure that they attend the trial.
Justice Hassan, after listened to the parties submissions on the bail applications, adjourned till Monday for ruling.
The judge also ordered that the two alleged internet fraudsters be remanded in prison till the ruling on their bail applications.
In the charge, the two defendants were alleged to have sometimes in May 2019, conspired among themselves to unlawfully convert the sum of $7, 069 million, £1 million and €80,000, which were proceed of an unlawful act.
They were also accused of attempted to retain the sum of $700,000 in Multi-Currency account No. 012-611-2-009379-4 domiciled in Bank of China (Hongkong) Limited in the name of Pung Shen Technology Trading Co. Limited, which sum you reasonably ought to have form part of the proceeds of fraud.
They were also alleged to have sometimes in the months of July and October 2019, unlawfully retained the sum of £1 million and £3.5 million in a multiple currency account number 012-968-2-002658-3 domiciled in Bank of China (Hongkong) Limited in the name of HongKong Zhongli Industrial Co. Limited.
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