By Joshua Tosin Ogunsakin 
The planned arraignment before a Federal High Court in Abuja of 109 foreigners accused of involvement in cybercrime was stalled on Friday owing to discrepancies in their names as reflected on the face of the charge sheet.
The foreigners are said to be citizens of China, Indonesia, Vietnam, Philippines, Thailand, Brazil, Malaysia and Myanmar.
They were recently arrested by the police in their residence at plot 1906, Cadestral Zone 807, Katampe District of Abuja, where they were said to be engaging in cybercrime by allegedly promoting “fraudulent and unregistered gaming platforms.
In a six-count charge, marked: FHC/ABJ/CR/599/2024 filed in the name of the Inspector General of Police (IGP), the foreigners were also charged with cybercrime, money laundering and unlawfully residing in Nigeria.
Their arraignment, earlier scheduled for November 14 was stalled owing to the defendant’s inability to secure legal representation, prompting the court to adjourn till November 22.
At the mention of the case on Friday, defence lawyer, James Onoja (SAN) told the court that when they were conducting Know-Your-Customer (KYC) procedures for his clients, it was discovered that their actual names were not reflected on the charge sheet.
Onoja said: “This information came to light when we were discussing the possible terms of bail for the defendants.
“We told them that the court would ask for their travel documents, and they said the names on the charge sheet were not their names.”
Onoja said he discussed the development with the lawyer for the prosecution, A.A. Egwu.
He said they requested the defendants’ travel documents so that their proper names could be reflected on the charge sheet.
Onoja noted that it was the defendant’s responsibility to provide their correct travel documents for the plea and trial to proceed smoothly.
He then proposed that the arraignment be rescheduled for another date in the interest of justice.
Responding, Egwu did not object to adjournment as sought by Onoja but urged the court to make an order for the defendants’ respective embassies to provide their travel documents.
He drew the court’s attention to an earlier ex-parte motion, which requested that the defendants be moved from the police facility and remanded at the correctional centre pending the determination of their bail.
He explained that the police facility was overwhelmed and lacking the necessary resources.
Eric Oba, who represented five of the defendants, who are Brazilians, did not oppose Onoja’s position and Egwu’s request.
Onoja also agreed that the defendants be relocated from the police facility to a correctional centre for their safety.
Oba, however, requested that a separate trial because conducted for his clients.
He also urged the court not to remand his clients together with the other defendants.
The five Brazilians are: Lucas Costa Da Silver, Renan Ricardo Souza Rocha, Nelson Rocha Cardoso Neto, Rhuan Filippe Albuqverque Le Lonnes and Aguiar Rodrigues Djeanne
Oba said his clients were afraid that they could be harmed by the other defendants.
He 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.
He told the court that he plans to apply for the severance of his client’s case from that of the other defendants.
Oba said his clients’ passports were seized from them by their employer after they arrived in Nigeria.
He made an oral application for the passports to be returned to the Brazilian government.
Ruling, Justice Ekerete Akpan held that given Egwu’s position regarding the state of the police facility, it was appropriate to remand the defendants at the correctional centres.
The judge, who ordered the defendants to be remanded in Kuje and Suleja correctional centres, adjourned the case till November 29 for arraignment.
The Nation
Is the error in their names a deliberate mistake or an actual error. The Judge should call for Investigation. The Nigerian Police being what they are.