CEO of Invictus Group and Forbes-celebrated Nigerian man, Obinwanne Okeke , who is facing two counts of $11m computer and wire fraud in the U.S, has filed a prelimnary objection to the charges.
According to Premium Times, Invictus, through his lawyers, stated that the American authorities lacked jurisdiction to charge him for fraud as he did not commit the offense in America, neither was any American companies or individuals defrauded.
But prosecutors dismissed the lack of jurisdiction argument as frivolous because Mr Okeke visited the U.S. and stayed in Virginia during the period he allegedly committed the $11 million fraud, which spanned several months.
Prosecutors also said more victims who are Americans may still be introduced during trial, saying their indictment filing was only to show enough grounds for a judge to issue a warrant for Mr Okeke to be arrested.
His lawyers also accused FBI agents of accessing his mobile phones and laptops illegally and without proper procedure, an act they claimed was enough to get the charges dismissed.
They were also accused of telling him to unlock his iPhone and Macbook Pro without first reading him his Miranda rights which involves telling him he has the right to remain silent and not cooperate with authorities.
Prosecutors, however, insisted that Okeke was told he could remain silent, but he willingly agreed to let authorities search his devices by providing passwords to them.
They also affirmed that even without reading him his Miranda rights as his lawyers claimed, the evidence collected from his phone cannot be dismissed because they only corroborated evidence already collected in the year-long investigation into his alleged involvement in the $11 million fraud.
But both parties agreed that the court should approve additional time for preliminary matters to be resolved and Mr Okeke to remain in custody until trial begins.
