Obinwanne Okeke, also known as Invictus Obi, who was arrested in America for alleged fraud, has filed a prelimnary objection to the charges, saying he was searched illegally.
Premium Times reports that 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 Okeke visited the US and stayed in Virginia during the period he allegedly committed the $11 million fraud, which spanned several months.
They 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 Okeke to be arrested.
His lawyers, The Iweanoges Firm, 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.
The lawyers said when Okeke was arrested at the airport while waiting to depart for Nigeria in August 2019, federal agents asked him to unlock his iPhone and Macbook Pro without first reading him his Miranda rights.
The rights involve telling a suspect under arrest they have the right to remain silent and not cooperate with authorities, especially when the suspect has not contacted a lawyer.
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 evential begins.