The Economic and Financial Crimes Commission (EFCC) on Wednesday, before a Federal High Court sitting in Lagos, displayed the virtual projection of a Compact Disc (CD) with 51,933 pages analysis of the iPhone of Azeez Fashola a.k.a Naira Marley.
The EFCC projected the virtual, through its second witness, Mr Augustine Anosike, a forensic analyst.
Anosike led pieces of evidence in the trial of the defendant, who is facing an 11 counts charge, bordering on conspiracy, possession of counterfeit credit cards as well as fraud.
The anti-graft agency preferred the charges on May 14, 2019
Fashola, who sang the popular song: “Am I a Yahoo Boy”, was consequently, arraigned on May 20, 2019, before Justice Nicholas Oweibo, but he pleaded not guilty.
The court had accordingly, granted him bail in the sum of two million naira, with two sureties in like sum.
The trial had since commenced in the case and the second prosecution witness who began his testimony shortly before the COVID-19 lockdown in 2020, continued his evidence on Wednesday.
The witness who resumed his testimony on Tuesday concluded his evidence after the virtual display.
The Prosecution Counsel, Mr Rotimi Oyedepo, had told the court at the last adjourned date, that the prosecution only printed out hard copies of relevant portions of the exhibit, which it considered key to its case.
The court had granted prosecution leave to display the CD in a projector, in order to discharge its burden of proof as required by law.
When the trial resumed on Wednesday, the witness, again reiterated portions of his earlier testimonies of Oct. 26, and indicated the visual spots of those testimonies, on the screen of the projected CD.
During cross-examination, defence counsel Mr Olalekan Ojo, SAN, first sought leave of court to apply for a variation of its order and prayed that the court takes custody of the iPhone of the defendant which had been in the custody of the prosecution.
The defence asked “As an experienced operative, are you aware that it is possible for a person other than the owner of a phone to have access to the use of that phone,”
The witness replied “That will only be possible where the owner grants access,”
Meanwhile, when the defence counsel reminded the witness that he had told the court during the examination, that the telephone number of the defendant was 07426343732, the witness replied that any sim can be inserted in a device.
When asked to confirm if there is a difference between the owner and user of a device, the witness answered “The names on a phone can be changed depending on what the owner chooses to use,”
The defence then asked the witness to show to the court from the two pages of his analysis summary, where he had indicated that there was a change of names in the device.
The witness replied that although it was not captured, the content of his report also reflects the content of the device as recovered therein.
Justice Oweibo adjourned the trial until Nov. 30, Dec. 13, and Dec. 14.
According to the EFCC, the defendant committed the offence on different dates between Nov. 26, 2018, and Dec.11, 2018, as well as May 10, 2019.
The commission alleged that Fashola and his accomplices conspired to use different Access Bank ATM cards to defraud their victims.
It alleged that the defendant used a bank credit card issued to another person, in a bid to obtain fraudulent financial gains.
The EFCC also said that the defendant possessed counterfeit credit cards belonging to different people, with intent to defraud which amounted to theft.
The alleged offence contravenes the provisions of sections 1 23 (1) (b), 27 (1) and 33(9) of the Cyber Crime (Prohibition) Prevention Act, 2015.
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