The Federal High Court sitting in Ikoyi, Lagos, has adjourned until November 5, 2026, further proceedings in the cybercrime case against five former employees of Alpha-Beta Consulting LLP after the defendants challenged the continuation of the case before their arraignment.
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The matter, marked FHC/L/190C/2026, is before Justice Luis Alagoa and involves Olayinka Gafar Oladeji, Ajibade Olufemi Adeyemi, Olatoye Jimoh Bamidele, Oluwasegun Oluwasanmi and Okewale Akintunde Oluleke.
Alpha-Beta Consulting LLP is a Lagos-based consultancy firm that has long been linked in public reports to President Bola Tinubu, although the criminal charge before the court is formally between the Federal Republic of Nigeria and the five defendants. TheNigeriaLawyer had earlier reported the case when it was adjourned in July following complaints by the defendants over the timing of service of the Federal High Court processes.
At Wednesday’s proceedings, the defendants asked the court to first determine a preliminary objection challenging the propriety of the prosecution before taking their pleas.
The prosecution opposed the request and urged the court to proceed with the arraignment before considering the objection.
Justice Alagoa did not immediately resolve the issue. Instead, he directed the parties to file their respective written arguments on whether the preliminary objection should be heard and determined before or after the defendants are arraigned.
The objection was filed by the fourth defendant, Oluwasanmi, through his counsel, Mobolaji Akintunde.
Oluwasanmi is asking the court to dismiss or strike out the charge on the ground that the Federal High Court proceedings allegedly amount to an abuse of judicial process because substantially similar criminal proceedings were already pending before Magistrates’ Courts in Lagos when the federal charge was instituted.
The defence referred to Charge No. MIK/C/10/2026, Commissioner of Police v. Oluwasegun Oluwasanmi & Anor, and Charge No. MIK/C/14/2026, Commissioner of Police v. Olayinka G. Oladeji & Ors.
According to the defence, the two Magistrates’ Court proceedings were instituted on January 6 and February 3, 2026, respectively, while the Federal High Court charge was subsequently filed on March 9, 2026.
The defendants contended that they had appeared before the Magistrates’ Court on several dates, including January 16, February 26, May 13, June 30 and July 23, while the Federal High Court proceedings also came up on July 2.
They further alleged that they were not served with the Federal High Court charge until June 30, despite the case having been filed in March.
TheNigeriaLawyer had earlier reported similar complaints by Oluwasanmi following the July 2 proceedings. At the time, he alleged that the delay in service prevented the defendants from adequately responding to the charge before appearing in court. Those allegations were attributed to the defendant and had not been determined by the court.
The current charges relate to alleged conspiracy, cyberbullying, threatening electronic communications and online publications concerning Alpha-Beta Consulting LLP and its Group Managing Director, Otunba Akinsanya Doherty.
The prosecution also alleges that an anonymous Gmail account was created and used to transmit messages connected with the dispute.
A central part of the preliminary objection concerns the email account identified by the defence as staffconcerned33@gmail.com.
The defence argued that allegations concerning the creation and use of the email account had already featured in the Magistrates’ Court proceedings and were substantially repeated in the charge before the Federal High Court.
It maintained that the defendants should not be subjected to simultaneous criminal proceedings in different courts over what it described as substantially the same publications, electronic communications and factual transactions.
The defendants further argued that merely citing different statutory provisions in the separate charges would not necessarily defeat an objection based on alleged abuse of court process.
In support of the application, the defence relied on authorities including Saraki v. Kotoye, Amaefule v. State, Central Bank of Nigeria v. Ahmed, African Continental Bank Plc v. Nwaigwe, Ezeze v. State and Abacha v. State.
The defence is asking Justice Alagoa to examine the substance of the separate proceedings and determine whether maintaining them simultaneously amounts to an improper use of judicial process.
It also wants the court to strike out the aspects of the Federal High Court charge relating to publications, electronic communications and other transactions which it contends are already the subject of the Magistrates’ Court cases.
The prosecution, however, maintains that the defendants should first be arraigned before the court considers their objection.
Justice Alagoa consequently adjourned the matter to November 5, 2026, for further consideration of the arguments surrounding the preliminary objection and the stage at which it should be determined.
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