EFCC Secures Conviction of 10 for Naira Abuse

The Economic and Financial Crimes Commission (EFCC) has secured the conviction of ten individuals in Delta and Edo states for abusing the Nigerian Naira, specifically through spraying and mutilation at social events. These convictions underscore the intensified efforts by regulatory bodies to enforce Section 21 of the Central Bank of Nigeria (CBN) Act 2007, which criminalises such acts. The judgments, delivered by the Federal High Courts in Asaba and Benin City, resulted in sentences of imprisonment or significant fines, signalling a firm stance against practices that undermine the integrity and value of the national currency. This development highlights the ongoing tension between deeply rooted cultural practices and statutory prohibitions, with clear implications for legal practitioners and the public.

The Economic and Financial Crimes Commission (EFCC) recently announced the conviction of ten individuals in Delta and Edo states for offences related to the abuse and mutilation of the Nigerian Naira. These convictions, secured in separate proceedings before the Federal High Courts in Asaba and Benin City, represent a significant escalation in the enforcement of laws designed to protect the national currency. The individuals were found guilty after pleading to charges of spraying Naira notes while dancing at social events, a practice deeply embedded in Nigerian culture but explicitly prohibited by law.

This development is not merely a routine legal outcome; it reflects a concerted effort by the EFCC, in collaboration with the Central Bank of Nigeria (CBN), to curb practices that are deemed to deface and devalue the Naira. The crackdown aims to preserve the integrity of the currency, reduce the cost of its management, and foster respect for a national symbol. The recent convictions serve as a potent reminder that traditional customs, when in conflict with statutory provisions, will yield to the rule of law.

This article will delve into the legal framework underpinning the prohibition of Naira abuse, analyse the implications of these recent convictions within the broader context of enforcement trends, and offer insights for legal practitioners navigating this evolving area of law.

The legal framework governing the handling and abuse of the Nigerian Naira is primarily enshrined in the Central Bank of Nigeria (CBN) Act 2007. Section 21 of this Act is central to the current enforcement drive. Specifically, Section 21(1) stipulates that "A person who tampers with a coin or note issued by the Bank is guilty of an offence and shall on conviction be liable to 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."

Further elaborating on what constitutes 'tampering,' Section 21(2) clarifies that a coin or note is deemed to have been tampered with if it has been impaired, diminished, defaced by stamping, engraving, mutilating, piercing, stapling, writing, tearing, soiling, squeezing, or any other form of deliberate and willful abuse. Crucially, Section 21(3) explicitly prohibits the act of spraying, dancing on, or matching on the Naira or any note issued by the Bank during social occasions, classifying such actions as an abuse and defacing of the currency, punishable under Section 21(1). Additionally, Section 21(4) criminalises the hawking, selling, or trading in Naira notes or coins.

The CBN's rationale for these prohibitions extends beyond mere preservation of physical currency. The Bank maintains that such practices diminish the lifespan of banknotes, leading to increased costs for printing and replacement, and ultimately undermine national pride and confidence in the Naira as a symbol of national identity. The prescribed penalties for contravening these provisions include a minimum of six months imprisonment or a fine of not less than ₦50,000, or both.

The recent convictions of the ten individuals in Delta and Edo states by the EFCC highlight a significant shift towards more aggressive enforcement of the CBN Act 2007. The defendants, including Lucky Onoberhie, Happy Isioma, Friday Ehiedu, Collins Albert, Okorie Builder, Ernest Achieme, Isicheli Chijioke, Nwosu Davison, Enadegh Agbonmware, and Lucky Osaro, were prosecuted by the EFCC's Benin Zonal Directorate. Justice F. A. Olubanjo of the Federal High Court in Asaba convicted eight of the defendants, sentencing each to 12 months' imprisonment with an option of a N100,000 fine. In a separate judgment, Justice C. A. Obiozor of the Federal High Court in Benin City sentenced Enadegh Agbonmware and Lucky Osaro to six months' imprisonment or a N100,000 fine each for similar offences. All defendants pleaded guilty to the charges, which typically facilitates swifter convictions.

This wave of convictions follows a series of high-profile arrests and prosecutions, including those of socialites like Idris Okuneye (popularly known as Bobrisky) and Nollywood actress Oluwadarasimi Omoseyin, both of whom were sentenced to six months imprisonment for Naira abuse. Another prominent socialite, Pascal Okechukwu (Cubana Chief Priest), also faced charges, though his case was reportedly settled through an out-of-court agreement. These cases collectively demonstrate the EFCC's resolve to target not only ordinary citizens but also public figures, thereby sending a strong message about the seriousness of currency abuse laws.

While the EFCC's mandate primarily focuses on economic and financial crimes, questions have been raised by some legal pundits regarding its jurisdiction to prosecute offences under the CBN Act. However, the Supreme Court, in *Nwobike V. FRN (2022) 6 NWLR, Part 1826, 293*, provided a broad interpretation of economic and financial crime, encompassing non-violent illicit activities committed with the objective of earning wealth. This judicial interpretation arguably provides the EFCC with the necessary legal footing to pursue Naira abuse cases, especially given the economic implications of currency defacement and the agency's statutory powers to prosecute non-violent economic and financial crimes.

The enforcement efforts also highlight the inherent tension between legal prohibitions and deeply entrenched cultural practices. Money spraying, often seen as a gesture of celebration, generosity, and social status, particularly within Yoruba culture, has spread across various ethnic groups. Despite its cultural significance, the law unequivocally prioritises the preservation of the national currency. Critics, however, argue that the law's broad interpretation, which could include even 'adorning' someone with Naira, might inadvertently affect the livelihoods of performers who traditionally receive cash gifts in this manner. There have also been allegations of selective enforcement, raising concerns about fairness and consistency in prosecution.

The recent convictions secured by the EFCC against ten individuals for Naira abuse in Delta and Edo states unequivocally signal a sustained and rigorous enforcement campaign against practices that contravene the Central Bank of Nigeria Act 2007. Legal practitioners must advise their clients on the strict interpretation and application of Section 21, emphasising that cultural practices, however traditional, do not supersede statutory prohibitions. The risks associated with spraying, mutilating, or otherwise defacing the Naira are now demonstrably high, carrying potential penalties of imprisonment, substantial fines, or both.

Practitioners should proactively educate clients, particularly those in event management, entertainment, or public-facing roles, about the legal ramifications of Naira abuse. The EFCC and CBN are committed to maintaining the integrity of the national currency, and this commitment is likely to translate into continued arrests and prosecutions. As this enforcement trend solidifies, it will be crucial to monitor how courts interpret the scope of 'abuse' and whether the ongoing public awareness campaigns by the CBN and EFCC lead to a significant shift in public behaviour regarding the handling of the Naira.