Last Friday’s conviction of a cross-dresser, Okuneye Idris Olanrewaju (alias Bobrisky), has added to the number of individuals so far penalised for abusing the naira. In this report by Assistant Editor ERIC IKHILAE, lawyers suggest ways to ensure that extant statutory provisions are adhered to.
The conviction on April 5 of cross-dresser, Idris Okuneye, popularly known as Bobrisky by the Federal High Court in Lagos has added to the growing number of currency abusers penalised in the country in recent times.
Okuneye had reported at the Lagos office of the Economic and Financial Crimes Commission (EFCC) on April 3 following an invitation over videos of him spraying naira at social events.
The EFCC subsequently filed a six-count charge against him, in which he was accused, among others, of tampering with naira and violating the Money Laundering (Prevention And Prohibition) Act.
Okuneye was, in count one, alleged to have tampered with N400,000 by spraying it while dancing at a social event at the IMAX Circle Mall, Lekki, Lagos and thereby committed an offence, contrary to and punishable under Section 21(1) of the Central Bank Act 2007 on March 24, 2024.
He was, in count two, said to have between July and August 2023 at Aja Junction, Ikorodu, Lagos tampered with N50,000 by spraying it at a social event while dancing.
In count three, he was alleged to have, in December 2023 at White Steve Event Hall, Ikeja, Lagos sprayed and tampered with N20,000 while dancing.
Okuneye was, in count four, accused of spraying and tampering with N20,000 while dancing at another event in Oniru, Victoria Island, Lagos.
He was, in count five, alleged to have, while trading under the name and style of Bob Express, between September 1, 2021, and April 4, 2024, in Lagos, failed to submit to the Special Control Unit Against Money Laundering (SCUMOL), a declaration of the activities of the said company, (Bob Express), within which period a total N127.7m was paid into the company’s account domiciled with Ecobank.
In count six, he was accused of failing to submit a declaration of the activities of the company, within the same period, when another N53million was paid into the company’s account thereby committing an offence contrary to Section 6(1)(a), and Section 19(1) (f) of the Money Laundering (Prevention And Prohibition) Act and punishable under Section 19 (2) (b) of the same Act.
Before his arraignment on Friday, the prosecution applied to withdraw counts five and six, following which Justice Abimbola Awogboro struck out both counts.
Bobrisky pleaded guilty to the remaining four counts, following which Justice Awogboro convicted him.
In his allocutus, Okuneye pleaded ignorance of the fact that his acts constituted offences. But, when reminded by the judge that ignorance of the law cannot constitute a defence, the defendant pledged to deploy his social media platforms to help the state propagate the anti-naira abuse message.
The defendant said: “I know my lord. My lord, I wish you could give me a second chance to use my platform to inform and educate my followers about spraying money.
“I would do a video on my page and I will educate people about spraying money. I will not repeat it, my lord; I regret my actions, my lord.”
Following his plea for mercy, Justice Awogboro scheduled his sentencing for April 9 and ordered that he be remanded in EFCC custody.
How EFCC got Okuneye
An official of the EFCC, Bolaji Temitope, gave details of how the defendant was apprehended.
Temitope said that based on intelligence, the EFCC sent out a team of operatives to monitor and observe the activities of suspects.
“We usually visit event centres and monitor social media pages where naira is abused.
“During the exercise, we came across a video on social media where the convict was seen abusing the Naira.
“Our team then proceeded to view the video and burnt the same on CD. Consequently, the invitation letter was forwarded to the defendant.
“When he (the defendant) honoured the invitation, the defendant was shown a video where he was spraying money on Segun Johnson. He confirmed that he was the one in the video.”
Before Okuneye
Before Okuneye’s case, the EFCC in February successfully prosecuted an actress – Oluwadarasimi Omoseyin – for the same offences.
Omoseyin (also known as Simi Gold) was arrested by the Independent Corrupt Practices and Other Fraud Related Offences Commission (ICPC) on February 1, 2023, along Awolowo Road, Ikoyi, Lagos.
The ICPC subsequently handed her to the EFCC, which later instituted a criminal proceeding against her before the Federal High Court.
She pleaded not guilty on her first arraignment and was granted bail.
But, earlier this year, she changed her mind and pleaded guilty to two counts of tampering with and spraying naira notes estimated at N100,000.00 at a social event.
Upon her guilty plea, and after listening to the allocutus made by her lawyer, A. O. Afuye, Justice Chukwujekwu Aneke convicted Omoseyin and sentenced him to six months in prison.
Justice Anele, however, gave her an option of a N300,000 fine.
What the law says
Two main laws penalise acts constituting currency abuse in the country.
The laws are the Counterfeit Currency (Special Provisions) Act 1974 and the Central Bank Act 2007.
A major currency offence under the Counterfeit Currency (Special Provisions) Act 1974 is the making of counterfeiting currency or having the materials needed to make a counterfeiting currency, with both offences punishable by life imprisonment.
The law says: “Any person, who falsely makes or counterfeits any bank note or coin resembling any bank note or current coin which is legal tender in any country other than Nigeria, shall be guilty of an offence under this Act and on conviction thereof shall be sentenced to life imprisonment.”
Under the law, it is also an offence to import and export, deal in, or possess any counterfeit currency.
It further provides that “any person found committing an offence under this Act may be immediately apprehended without a warrant by any person and forthwith taken before a police officer thereafter to be dealt with according to law.”
The Counterfeit Currency (Special Provisions) Act 1974 equally states that “anyone, who knowingly possesses counterfeit currency, is liable to imprisonment for a term not exceeding 21 years.”
Section 21 of the Central Bank Act 2007 deals with offences relating to currency abuse.
Section 21 (1) provides: “A person who tampers with a coin or note issued by the bank (CBN) is guilty of an offence and shall on notes and coins imprisonment for a term not less than six months or to a fine not less than N50,000 or to both such fine and imprisonment.”
Sub-section 2 states that “a coin or note shall be deemed to have been tampered with if the coin or note has been impaired, diminished or lightened otherwise than by fair wear and tear or has been defaced by stumping, engraving, mutilating, piercing, stapling, writing, tearing, soiling, squeezing or any other form of deliberate and willful abuse whether the coin or note has or has not been thereby diminished or lightened.”
Sub-section 3 says: “For the avoidance of doubt, spraying of, dancing or matching on the naira or any note issued by the bank during social occasions or otherwise howsoever shall constitute an abuse and defacing of the Naira or such note and shall be punishable under sub-section 1 of this section.
“As provided in sub-section (4 “It shall also be an offence punishable under sub-section 1 of this section for any person to hawk, sell or otherwise trade in the naira notes, coins or any other note issued by the bank.”
Sub-section 5(i) explains that the term ‘matching’ “includes spreading scattering or littering of any surface with any naira notes or coins and stepping thereon, regardless of the value, volume, occasion or intent.
Sub-section 5(ii) states that ‘spraying’ “includes adorning, decorating or spraying anything or any person or any part of any person or the person of another with Naira notes or coins or sprinkling or sticking of the naira notes or coins in a similar manner regardless of the amount, occasion or the intent.”
Past convictions
A report on prison admission by type of offences, sex and year, released by the National Bureau of Statistics (NBS) showed that a total of 1,437 persons were imprisoned for currency offences in 2018, with men being 1,317 and women 120.
In 2019, a total of 1,066 were imprisoned, with men being 992 and women 74.
The figure dwindled in 2020 to a total of 731 persons, consisting of 688 men and 43 women.
Criticism of EFCC’s approach
Some lawyers have criticised EFCC’s handling of the Okuneye case, accusing it of dwelling on frivolities when serious financial crime cases are waiting to be addressed.
One of such critics is a former Chairman of the National Human Rights Commission (NHRC), Chidi Odinkalu.
Odinkalu said: “The EFCC should be ashamed of themselves. The power of arrest and prosecution is a public trust that should not be weaponized for the persecution of those whom they don’t like.
“It is either EFCC is evidently idle or this is a clear abuse of power.”
In a subsequent article, Odinkalu added: “The law that establishes the EFCC defines ‘economic and financial crimes’ to mean ‘non-violent criminal and illicit activity committed with the objectives of earning wealth illegally either individually or in a group or organised manner thereby violating existing legislation governing the economic activities of government and its administration.’
“At the court, the EFCC dropped the two counts relating to money laundering, ultimately charging Bobrisky only with crimes connected with so-called ‘abuse of the Naira.’
“Having dropped the only charges that could remotely fall within the purview of economic or financial crime, the EFCC forfeited any claim to acting within law or in the public interest because abuse of the Naira, whatever that means, is outside the statutory scope of crimes that it can prosecute.”
But the EFCC accused Odinkalu of recklessness in his comments.
Head of Media & Publicity, Dele Oyewale, said: “The Commission views such commentaries from Odinkalu as unbecoming of a former head of a major government agency.
“Okuneye was arrested and arraigned by the Commission on the basis of clear cases of abuse of the Naira to which he has pleaded guilty.
“Odinkalu has a right to free speech as a Nigerian but such a right should be exercised with decorum and responsibility.
“The Commission would not hesitate to take appropriate legal actions against such uncouth commentaries against its lawful mandate by anyone.
“Odinkalu is warned and advised to ventilate his rascally opinions more responsibly in future situations.”
Some X (formerly Twitter) users backed Odinkalu.
@Adewale Damilare said: “You quickly reacted to this but became deaf to the discoveries by Fisayo as to Customs officers.”
@Dr. Saint Dikachi said: “How many politicians have you arrested that abused naira? I am not a fan of Bobrisky but selective justice is not good as well.
“What also stops you from arresting…(those) who stole our commonwealth especially those in APC?”
Double standards?
Some criticised what they perceived as a double standard in the application of the law as it relates to the prosecution of currency abusers.
They noted that instances abound where law enforcement agencies turn a blind eye when certain categories of people are involved in the abuse of naira.
They cited the case involving ex-President Muhammadu Buhari, whose daughter, Hanan, got married to Mohammed Sani Sha’aban, at the presidential villa on September 4, 2020, during which guests were captured on video spraying money on the smiling couple.
The governorship candidate of the Peoples Democratic Party (PDP) in the last election in Kogi State, Dino Melaye, was seen on video spraying notes on a singer, Yinka Ayefele, at his mother’s burial in 2019.
The Chairman of Cubana Group, Obi Iyiegbu, popularly known as Obi Cubana attracted controversy in July 2021 when he buried his mother in Oba, a town in the Idemili South Local Government Area of Anambra State.
Several videos went viral, showing celebrities, businesspeople and politicians spraying money indiscriminately during a concert held after the interment of the deceased.
To date, it is not in the public domain that anyone was prosecuted for the infraction recorded in those instances cited.
Another lawyer, Anthony Agbudu suggested an amendment to existing legal provisions to recognise the spraying of naira at social events since the practice forms part of a long-standing tradition among most tribes or ethnic groups in the country.
Agbudu added: “You know that this practice of spraying money has been with us over the years. It has, more or less, become part of our culture.
“There is no part of the country where the spraying of money at social events is not practised. It is seen as part of the celebration.
“What the government should do is to prescribe how such spraying should be done in a way that the notes would not be damaged.
“Such prescribed method should be well publicised so that many people could be well guided. I doubt if this practice can be fully discouraged among ur people,” Agbudu said.
How to ensure adherence to law
Lawyers like Otunba Tunde Falola, Daniel Makolo and Oluwole Adaja are of the view that there was no basis to criticise the EFCC in its handling of the Okuneye case.
Falola and Makola even suggested stiffer penalties to ensure adherence to existing legislation on the issue.
Falola said: “Well, I want to disagree with those critics, who suggest that the EFCC jettison the enforcement of the provisions of the Central Bank of Nigeria Act and subsequent prosecution of the violators of the law.
“It must be emphasised that the jurisprudence behind the enactment of our laws is the betterment of our society.
“In other words, once a law is enacted, the responsibility of enforcing the same shifts to the authority or agency saddled with such responsibility,” he said.
Falola argued that in any event, no law is more important than the other under the nation’s jurisprudence.
He added: “The same way attention is given to offenders, who steal or corruptly enrich themselves, it should also be shifted to someone, who violates the provision of the law that tends to protect our currency.
“Doing otherwise will amount to embarking on selective justice which will be inimical to the administration of justice.”
Makolo is of the view that the prosecution of Okuneye for spraying naira notes is a plus for him because it provides him with the publicity he desires.
He argued that “the measures needed to be adopted to discourage abuse of naira in Nigeria is that we need to reinvigorate respect for national values.”
Makolo faulted those who argued that the EFCC should focus on more serious national economic crimes, noting that they “are missing the point, because any form of abuse of our national symbols and values should be placed on the same scale as any economic crime.
“They all amount to national sabotage, which affects us all systematically. “
Adaja argued that the EFCC has the power to arrest and prosecute any person suspected to have tampered with and/or abused the naira note issued by the CBN, citing Section 6 of the EFCC Act.
He added: “In my humble view, given the duties of the EFCC, the arrest and prosecution of Idris Olanrewaju Okuneye, popularly known as Bobrisky, is a welcome development.
“No patriotic citizen of this country should encourage any act capable of defacing, mutilating, piercing, stamping, spraying, squeezing or destroying the naira note under any guise.
“It costs a lot of money to print the naira note and as such, should be preserved and valued,” Adaja said.
How adequate are existing measures?
Falola argued that to arrest the situation of the constant abuse of naira notes, the punishment should be reviewed upward.
He added: “A violator should not be given the option of fine if convicted by a competent Court of law.
“To further discourage the abuse of the naira note, the punishment section of the law should be amended to make provisions for stringent punishment.
“To facilitate economic growth and development, the protection of our naira notes from all forms of abusive tendencies is a must,” Falola said.
Makolo argued that the punishment of six months imprisonment or a fine of N50,000 or both, provided for by Section 21 (1) of the CBN Act is not enough deterrent.
He added: “It is only in Nigeria that abnormal official or some private behaviours are seen as heroic acts, depending on who is involved, his tribe and religion.
“The wrongful actions or attitudes of such a fellow become a serious national conversation and consideration in determining the punishment to be given.
“Issues relating to abuse of office, abuse of public trust and abuse of naira are all abuses of our values and national integrity. We must learn to punish these abuses severely regardless of who’s involved.
“We must do enough sensitisation among the citizens about the need to respect our national symbols.
“These and many of such positive measures would go a long way to discourage abuses of national symbols which naira represents herein,” Makolo said.
Adaja is of the view that the punishment as stipulated in Section 21(1) of the CBN Act “is sufficient to deter any act of abuse or defacement of the naira note.
“I also believe that punishments such as community service and supervision should be encouraged rather than imprisonment.”
Adaja said the government needs to do more to enlighten, sensitise and encourage the citizens to value the naira note and strengthen our laws to protect the naira note from abusers.
“The law enforcement agencies also need to collaborate with the CBN to ensure compliance with the laws protecting the naira note,” Adaja added.
