The EFCC on Tuesday prayed a Federal High Court in Lagos to order `a red
bag’ belonging to popular Nigerian Musician, Azeez Fashola a.k.a Naira Marley,
be removed from his possession in the dock.
The defendant had in a case preferred against him by EFCC entered the witness
box with a long small red bag, hanging across his left shoulder down to his
right waist.
The Economic and Financial Crimes Commission (EFCC) had preferred an 11-count
charge against the musician bordering on conspiracy, possession of counterfeit
cards and fraud.
Also mentioned in the charge is one Yad Isril, who is said to still be at
large.
The “Am I a Yahoo Boy” musician, was arraigned on May 20 before Justice
Nicholas Oweibo, however denied the charges.
Following a bail application by defence counsel, Mr Olalekan Ojo (SAN), the
court had granted Fashola bail in the sum of N2 million with sureties in like
sum.
The trial of the defendant, which was earlier fixed for Oct. 21, was adjourned
until today (Oct. 22).
Mr Rotimi Oyedepo announced his appearance for the EFCC while Mr Olalekan Ojo
(SAN) announced his appearance for the defendant.
Oyedepo urged the court to order the defendant to remove the bag in his
possession from the dock.
According to Oyedepo, the defendant is expected to appear before the court
“unfettered”.
Before the court could make any pronouncement, the defendant quickly removed
the bag.
Meanwhile, trial in the suit could not proceed, following an application by
defence counsel (Ojo).
Defence had urged Justice Oweibo to halt proceedings until a motion he filed
this morning was determined.
In the motion, the defendant prayed the court to compel the EFCC to furnish him
with the prosecution’s witnesses’ statements.
He prayed the court to hear his motion before the prosecution called its first
witness.
But, EFCC counsel (Oyedepo) opposed the application for adjournment.
According to him, the prosecution is not in possession of the required
document, adding that the defence is not entitled to the statements as of
right.
In a bench ruling, however, Justice Oweibo granted the request by defence.
Ojo moved the motion and again, Oyedepo opposed him.
After hearing the motion, the court ordered the EFCC to provide the defence
with its investigators’ statements, if any.
He adjourned trial until Oct. 23.
According to the charge, the defendant allegedly committed the offences on
different dates between Nov. 26, Dec.11, 2018, and May 10.
The charge alleged that Fashola and his accomplices conspired to use different
Access Bank ATM Cards to defraud their victims.
It said that the defendant allegedly used Access Card number 5264711020433662
issued to another person, in a bid to obtain fraudulent financial gains.
He was said to have possessed these counterfeit credit cards, belonging to
different cardholders, with intent to defraud, which also amounted to theft.
The offences contravenes the provisions of Sections 1 23 (1) (b), 27 (1}, 33,
33(9) Cyber Crime (Prohibition) Prevention Act, 2015. (NAN)
