Introduction
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 the unlawful abuse, defacement, mutilation, spraying, hawking, selling, or other improper handling of Naira notes or coins in a manner prohibited by the Central Bank of Nigeria Act, 2007.
It includes:
- Spraying Naira notes during social events.
- Writing on, stapling, tearing, squeezing, or otherwise mutilating Naira notes.
- Hawking, selling, or trading Naira notes for a value higher than their face value.
- Other acts amounting to abuse or defacement as prohibited by the CBN Act.
The above conducts may amount to a violation of the provisions of the Central Bank of Nigeria (CBN) Act, 2007, particularly Section 21, which criminalizes the abuse of Naira notes and coins.
Depending on the circumstances, conduct that dishonours or damages the Nigerian currency may constitute an offence under the Act.
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. The prosecution must establish that the conduct falls within the forms of abuse prohibited by the CBN Act, including spraying, hawking, selling, squeezing, writing on, stapling, tearing, or otherwise mutilating Naira notes or coins.
That the accused committed the prohibited act. As with every criminal prosecution, the prosecution must establish all the essential ingredients of the offence beyond reasonable doubt. Depending on the circumstances of the case and the applicable principles of criminal responsibility, issues relating to intention, knowledge, accident, or other relevant mental elements may arise.
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
A person convicted under Section 21(1) of the Central Bank of Nigeria Act is liable to a fine of not less than ₦50,000, imprisonment for a term of not less than six months, or both.
Possible Defences to Naira Abuse Allegations
If charged with Naira abuse, the following defences may be raised:
Lack of Intent
Depending on the circumstances of the case, an accused person may argue that the alleged act was accidental or otherwise lacked the necessary criminal responsibility. Whether such a defence succeeds will depend on the evidence and the applicable provisions of Nigerian criminal law.
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?
Section 21 of the Central Bank of Nigeria Actspecifically regulates the abuse of Naira notes and coins issued by the Central Bank of Nigeria. Accordingly, the offence created under that provision relates to Nigerian currency rather than foreign currencies.
However, this does not mean that the improper handling of foreign currency can never attract legal consequences. Depending on the circumstances, conduct involving foreign currencies may give rise to liability under other applicable laws, including those relating to counterfeiting, money laundering, foreign exchange regulation, or other financial offences.
Conclusion
As public awareness and enforcement continue to increase, individuals, event organisers, financial institutions, and businesses should ensure that they understand the legal restrictions governing the handling of the Nigerian currency. A proper understanding of the law can help avoid unnecessary criminal liability while promoting respect for the nation’s legal tender.
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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