The singer was arrested alongside Zlatan Ibile and three others on allegation of “advanced fee fraud and related cybercrimes” shortly after the duo’s controversial collaborative single was released.
Zlatan and Tiamiu Abdulrahman Kayode; Adewunmi Adeyanju Moses; and Abubakar Musa have been releasedwhile Naira Marley was retained at the EFCC custody.
However, in a suit number FHC/L/178C/19 and filed before a Lagos high court, the anti-graft agency is using section 33 (2) of the Money Laundering (Prohibition) Act and the Cyber Crimes Act to prosecute the upcoming singer.
It states that: “Any person who uses: a counterfeit access device; an unauthorised access device; an access device issued to another person; resulting in a loss or gain commits an offence and shall be liable on conviction to imprisonment for a term of not more than seven years or a fine of not more than N5,000,000.00 and forfeiture of the advantage or value derived from his act.”
Marley also risks seven years in jail if found guilty.
The charges against the singer read in part: “That you, Azeez Adeshina Fashola, aka Naira Marley, and Raze (still at large), on or about the 11th day of December 2018, within the jurisdiction of this honourable court, conspired amongst yourselves to use Access card 42658840359191132 issued to persons other than you in a bid to obtain gain and you thereby committed an offence contrary to Section 27(1)(b) of the Cyber Crimes (Prohibition, Prevention etc) Act 2015 and punishable under Section 33(2) of the Same Act.
“That you, Azeez Adeshina Fashola, aka Naira Marley, and Raze (still at large), on or about the 10th day of May 2019, within the jurisdiction of this honorable court, with intent to defraud possessed, counterfeit card 4921819410257431 issued to Timea Fedorne Tatar and you thereby committed an offence contrary to and punishable under Section 33(9) of Cyber Crimes (Prohibition, Prevention etc) Act 2015.”