In recent years, the abuse of the Nigerian currency—the Naira—has attracted increased attention from law enforcement agencies, financial regulators, and the general public. From spraying money at parties to defacing or mutilating Naira notes, many individuals engage in these acts without realizing they are criminal offences under Nigerian law. This article explores what constitutes Naira abuse, the legal elements required to establish the offence, and the possible defences available to accused persons.
What is Naira Abuse?
Naira abuse refers to any unlawful act that defaces, damages, or dishonours the Nigerian currency. It includes actions like:
Spraying, stepping on, or dancing on Naira notes
Writing on or mutilating Naira notes
Illegal Selling or trading of Naira notes
These acts violate provisions of the Central Bank of Nigeria (CBN) Act, 2007, particularly Section 21, which criminalizes the abuse of Naira notes and coins.
Elements of the Offence of Naira Abuse
To successfully prosecute a charge of Naira abuse, the prosecution must establish the following elements:
That the accused engaged in an act involving Naira notes or coins
The prosecution must show that the act involved Nigerian currency in circulation, whether notes or coins.
That the act constituted “abuse” within the meaning of the law. Abuse may include spraying, writing, tearing, selling, or any other form of mutilation as defined under Section 21(3) of the CBN Act.
That the act was done knowingly or recklessly. A person must be shown to have intentionally or carelessly performed the act. Mere possession of a mutilated note is not in itself an offence unless there is proof of culpability.
That the act was unlawful and not covered by any statutory exemption. For instance, certain acts carried out by CBN officials or authorized agents may not constitute an offence if done in the lawful discharge of their duties.
Penalties for Naira Abuse
Under the CBN Act, the penalties for Naira abuse include:
A fine not less than ₦50,000 or imprisonment for a term not less than six months, or both, upon conviction (Section 21(1).
Possible Defences to Naira Abuse Allegations
If charged with Naira abuse, the following defences may be raised:
Lack of Intent
If the accused did not intentionally or knowingly commit the act (e.g., accidentally tearing a note), criminal liability may not arise.
Mistaken Identity or Absence at the Scene
Especially in cases involving crowd events (like parties), establishing that the accused was not the person who committed the abuse may form a valid defence.
Unlawful Arrest or Procedural Irregularities
If the arrest or investigation violated constitutional rights (e.g., lack of fair hearing or failure to caution), such procedural defects could be raised to challenge the charge.
Official Capacity
If the act was committed in the course of a lawful duty (e.g., destruction of unfit notes by authorized personnel), it may not constitute abuse under the law.
Lack of Evidence
The prosecution bears the burden of proving its case beyond reasonable doubt. Where video evidence is unclear or circumstantial, it may not meet this threshold.
Does This Apply to Foreign Currencies?
No. The offence of Naira abuse applies only to the Naira and any note issued by the Central Bank of Nigeria. Section 21(4) of the CBN Act uses the phrase “any note issued by the Bank,” which refers specifically to various denominations or versions of the Nigerian currency. Foreign currencies such as the US Dollar, Euro, or British Pound are not covered under this provision.
However, handling foreign currency in ways that violate other laws—such as counterfeiting, money laundering, or operating an unlicensed Bureau de Change—may attract liability under different legal frameworks.
Conclusion
The CBN has reiterated its commitment to preserving the sanctity of the Naira, and recent prosecutions show that the law is being enforced more vigorously. While awareness is growing, it is essential for individuals, event organizers, and financial institutions to understand what constitutes Naira abuse and the legal consequences. Likewise, accused persons must be aware of the potential defences available to them under Nigerian law.
Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information provided, readers are advised to consult a qualified legal practitioner for advice specific to their individual circumstances. The author and publisher disclaim any liability for actions taken based on the content of this publication.
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