Here’s What We Know as Naira Marley’s Cybercrime Case Adjourned till June 1

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The case by the Economic and Financial Crimes Commission against Marlians Music Boss; Naira Marley to ascertain whether he is a Yahoo Boy or not is still on and has been adjourned till June 1. As we await the new date in the seemingly unending hearings, here’s what we know.
Naira Marley

Recall Naira Marley was arrested in May 2019 and he is being prosecuted by the EFCC on an 11-count charge of conspiracy, possession of counterfeit cards and fraud. He pleaded not guilty to all the charges, thereby leading to his first trial on February 27 and 28, 2020.

Here’s What We Currently know:

The trial today, with the defense concluding the cross-examination of the second prosecution witness who ended evidence on October 27, 2021.

During the cross-examination, defense counsel, Olalekan Ojo (SAN), asked the witness what he understood by “to authorize a text or WhatsApp message”.

In response, the witness told the court that in his opinion, authorship referred to the producer or maker of the text.

On whether he confirms if the messages extracted from Fashola’s phone were products of human activities, he said, “I cannot tell because I am not in possession of the gadgets that transferred the messages.”

According to him, since the gadgets used for sending and receiving messages belonged to a human, that human is supposed to know how the messages emerged.

Defense counsel also asked the witness if he indicated in his report that the name Azeez Fashola was the sender of any of the messages.

The witness attempted to state that the defendant had other names saved on his phone, but defense counsel asked him to answer the question directly.

In response, the witness replied, “I cannot remember.”

When defense counsel asked that Exhibit F be shown to the witness as it contained details of his analysis which he had told the court was material to the case, the witness replied “My lord, I am not sure.”

Defense counsel then said, “My lord, we are not comfortable with the reply: “I am not sure”.

Mr. Ojo again reminded the witness that he had told the court that everything contained in Exhibit F was deemed relevant, adding that his reply before the court showed an attempt to be evasive.

Later, the witness replied: “In my report, I did not indicate such, but the general principle is that the owner of a phone is the sender of a message except he  gave the phone to another person.”

Following his response, the defense suggested to the witness that in Exhibit F, his extraction did not show the number of people who had used the phone other than the owner.

The witness replied, “Yes.”

The witness also testified that ownership of a phone was not the same thing as usage of that phone.

He, however, told the court that he was not sure if a SIM card number could be shared or used by different persons.

When asked if, from Exhibit A, there was any indication that the suspect had other names, the witness replied, “There is no column for other names; it is not indicated.”

On whether his analysis on Exhibit F showed or linked the messages to fall within Nigeria’s territory, the witness replied: “The configuration of a phone depends on whether the location can be detected.

“If GPS is on, it can be detected, but if GPS is not enabled, then only the owner has knowledge of where he is sending or receiving messages from.”

Defense then said to the witness, “I suggest to you that it is the sender of the messages in this case that can know the truth or otherwise of this case,”

The witness replied, “Yes, my lord.”

The court has adjourned the case until June 1 for the re-examination of the witness and continuation of trial.

 

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Author: Oluwatobi

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