The criminal trial of Nigerian singer Azeez Fashola, popularly known as Naira Marley, faced a delay in proceeding at a Federal High Court in Lagos on Wednesday due to a pending application for fiat before the Chief Judge (CJ) of the court.
Justice Isaac Dipeolu, the trial judge, was informed by the prosecutor, Mrs. Bilikisu Buhari, that an application for fiat, necessary for the former judge to continue presiding over the defendant's trial, was awaiting approval by the CJ. The application was dated December 8, 2023.
Naira Marley is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on charges related to cybercrime, with the charges having been preferred on May 14, 2019. He was initially arraigned on May 20, 2019, before Justice Nicholas Oweiboo, where he pleaded not guilty. Justice Oweibo granted him bail in the sum of two million naira with two sureties in like sum.
Although the trial had commenced, with witnesses still being led in evidence, Justice Oweibo was later transferred out of the Lagos division of the court, leading to the case being transferred to Justice Dipeolu.
During the first appearance before Justice Dipeolu, Buhari represented the prosecution, while Mr. V.C Maduagwu appeared for the defendant. The defense counsel confirmed the prosecutor's statement to the court.
The court adjourned the case until May 30 to await a report on the pending application for fiat, following the disclosure by the prosecutor and defense counsel.
The EFCC alleges that Naira Marley committed the offenses on various dates between November 26, 2018, and December 11, 2018, as well as May 10, 2019. It is alleged that he conspired with others to use different Access Bank ATM cards to defraud victims and used a bank credit card issued to another person to obtain fraudulent financial gains. Additionally, he is accused of possessing counterfeit credit cards belonging to different people with the intent to defraud, which constitutes theft.
These alleged offenses contravene the provisions of Sections 1, 23 (1) (b), 27 (1), and 33(9) of the Cyber Crime (Prohibition) Prevention Act, 2015.