Court grants N1bn bail to 109 alleged foreign hackers

The Federal High Court sitting in Abuja has granted bail to 109 alleged foreign hackers accused of attempting to defraud Nigerians, setting the bail at a total of N1 billion.

Trial Justice Ekerete Akpan ordered the defendants, who were previously remanded in prison custody, to produce five sureties, each required to provide a sum of N200 million. The court specified that the sureties must not only submit affidavits of means but also own properties within the Abuja metropolitan area valued at no less than N200 million. Title deeds of the properties must be submitted to the Deputy Chief Registrar of the high court, who will verify the residential addresses of all sureties.

Additionally, the court ordered all defendants to surrender their international passports and prohibited them from traveling outside the country until the conclusion of their trial. It instructed both the defendants and their sureties to submit two recent passport photographs, emphasizing that the defendants must remain in custody pending the fulfillment of all bail conditions.

While the male defendants are to be held at Kuje prison, the court ruled that the female defendants should be detained at Keffi prison in Nasarawa State. The case has been adjourned until February 27, 2025, for trial.

The defendants, identified as citizens of China, Indonesia, Vietnam, the Philippines, Thailand, Brazil, Malaysia, and Myanmar, face a six-count charge filed against them by the Cybercrime Unit of the Nigeria Police Force.

Through their legal team, led by Dr. Ogwu Onoja, SAN, and Eric Oba, the defendants requested to be released on bail pending the hearing and determination of the charges against them. They expressed their readiness to stand trial and assured the court that they would not flee the country.

Prosecution counsel, Mr. A. A. Egwu, stated that he would leave the decision to grant bail to the court’s discretion but urged the court to impose conditions that would ensure the defendants’ attendance at their trial.

The defendants pleaded not guilty to the charges, which were translated for them into their respective languages through interpreters.

It is noteworthy that five Brazilians—Lucas Costa Da Silva, Renan Ricardo Souza Rocha, Nelson Rocha Cardoso Neto, Rhuan Filippe Albuquerque Le Lonnes, and Aguiar Rodrigues Djeanne—who were listed as defendants, had previously expressed their desire to be tried separately.

Police informed the court that the defendants were arrested at a building located at Plot 1906, Cadastral Zone 807, Katampe District of Abuja, where they were allegedly engaged in cybercrime activities. In addition to cybercrime, the defendants are also charged with money laundering and illegally residing in Nigeria.

In the charge marked FHC/ABJ/CR/599/2024, the police allege that the defendants conspired to commit cybercrime in violation of Section 27(1)(b) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (as amended 2024). They are also accused of unlawfully accessing a computer network and manipulating data with the intent that such altered data would be perceived as authentic, an offense punishable under Section 13 of the same Act.

The police further allege that the 109 defendants knowingly and without authority caused losses to individuals both in Nigeria and abroad by deceiving them into believing that the unregistered gambling platforms they marketed were legitimate. This deceptive action purportedly aimed to confer economic benefits on themselves, constituting an offense under Section 14(1) of the Cybercrimes Act.

Moreover, the prosecution alleges that the defendants promoted, via electronic messages on the internet, fraudulent and unregistered gambling platforms, materially misrepresenting facts about these platforms, which led to significant economic losses for individuals both in Nigeria and outside the country. This act contravenes Section 14(2) of the Cybercrimes Act.

The defendants are also accused of transferring proceeds generated from operating fraudulent gambling platforms—including 9f.com, c2.top, and 8pg.top—out of Nigeria, constituting money laundering in violation of Section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022.

Additionally, the defendants are charged with entering Nigeria with a temporary business permit of 30 days and failing to leave the country upon its expiration, thus remaining in Nigeria without valid residency permits or appropriate visas, which violates Section 4(2) and is punishable under Section 44(1)(c) of the Immigration Act, 2015.

The individuals listed as defendants in the matter include: 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, Feng Guo, Lichang Miao, Huang Da Dian, Xi Ming, Li Fang, Zhao Vifan, Wu Chao, Cal Jun Ping, Wei Jun, Mahunan, Ye um Feng, Al Tun, A Feng, Xiao Bei, Lin Wei Lie, Yun Ha, Li Fei, Xiao Ling Qing, Ye Jun Shan, Sun Qiang Qiang, Chen Ming Lie, Chen Lia Lia, Zheng Han Feng, Zhang Xiong Sheng, and Niu Zhi.
Also included are citizens from various countries: Maydianto, Linda Wati (Indonesia); Dan The Anh, Chal Tu Cuong, Nguyen Dac Duoc, Nguyen Thi Sen, and Tran Van Khaih (Vietnam); Jay Mhar Avile Delos Reyes, John Mark Aviles Delos Reyes, Jeffery Ama, Asriya.

Vanguard