Justice Musa Kakaki of the Federal High Court in Lagos has dismissed an application filed by two defendants, Timothy Fashina Oluwabukola and Anthony Imonina Odemerho, seeking to stop their prosecution over an alleged N1.9 billion airtime fraud involving MTN Nigeria Limited.

The defendants had argued that the prosecutor, Mr Emmanuel Jackson, a retired Deputy Commissioner of Police (DCP), no longer had the legal authority to continue prosecuting the case because he had retired from service and allegedly lacked the fiat of the Attorney-General of the Federation (AGF).

Timothy, said to be an undergraduate of Moshood Abiola Polytechnic (MAPOLY), Abeokuta, Ogun State, and Anthony, proprietor of Resign Regal Academy, Benin City, Edo State, are standing trial before the court on charges bordering on conspiracy, unlawful access to MTN’s computer systems, manipulation of authorisation keys and passwords, and unlawful conversion of airtime valued at N1.9 billion.

The defendants are being prosecuted by operatives of the Police Special Fraud Unit (PSFU), Ikoyi, Lagos, in a charge marked FHC/L/562c/2024.

According to the prosecution, their offences contravene Sections 27(1)(b), 6(2), and 28(1)(b) of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015, as amended in 2024, as well as Section 18(2)(b) of the Money Laundering (Prevention and Prohibition) Act, 2022.

Both defendants pleaded not guilty and were admitted to bail on various conditions.

During proceedings, defence counsel S.O. Raheem and B.C. Alekeh urged the court to disqualify Jackson from further prosecuting the matter, insisting that his retirement from the police force invalidated his authority to continue with the case without the AGF’s authorisation.

In response, Jackson filed a counter-affidavit, arguing that the law empowers him to continue the prosecution.

He maintained that the police possess the authority to engage legal practitioners to prosecute criminal matters on their behalf and that the Attorney-General does not have exclusive powers over public prosecutions.

After reviewing the submissions and authorities cited by both parties, Justice Kakaki upheld the prosecutor’s arguments and dismissed the defendants’ application.

The court subsequently adjourned the matter to September 29, 2026, for continuation of trial.

In the charge, the defendants and others still at large were alleged unlawfully accessed MTN Nigeria Communications Plc’s computer systems between January and April 2024, manipulated authorisation credentials, fraudulently obtained airtime valued at N1.9 billion, converted the airtime to data, sold it to members of the public, and laundered the proceeds.