It was reported in the news last week that on Tuesday, May 31, 2022, the Federal High Court sitting in Ikoyi sentenced a Chinese National to two years imprisonment for the offense of mutilation of the Nigerian currency.
Questions have been thrown by laymen and those interested in learning about the ratio decidendi behind the prosecution and sentencing in this case; can currency mutilation land anybody in jail? Is mutilating the Nigerian currency a jailable offense under any Nigerian law?
This is what the law says in this regard and hence what formed the legal backing behind the prosecution and conviction of the Chinese national.
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The convict was arraigned on a four-count charge bordering on tampering with the Nigerian currency, an offense contrary to and punishable under Section 21(1) of the Central Bank of Nigeria Establishment) Act.
One of the counts reads: “That you, Li Lei Lei, on or about the 17th day of May 2022, at the Murtala Muhammed International Airport, Lagos, within the jurisdiction of this Honorable Court, tampered with One Thousand Naira (N1,000) Note, with serial number 947882 issued by the Central Bank of Nigeria and thereby committed an offense contrary to and punishable under Section 21(1) of the Central Bank of Nigeria Establishment) Act, Cap C4, Vol.1, Laws of the Federation of Nigeria, 2010.”
Section 21(1) of the CBN act provides thus: A person who tampers with a coin or note issued by the Bank is guilty of an offense 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.
Subsection 2 of this section went further to explain what the previous subsection meant by the phrase “tampering with currency” and this is the explanation:
(2) 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.
On this note, a person is guilty of tampering with the Nigerian currency when the person has treated the currency in a dishonorable manner or has disrespected or abused the currency in any way like squeezing it, writing on it, piercing it, defacing it, spraying it, stumping on it, etc. Any act whatsoever done to the Nigerian currency which is dishonorable or has subjected the currency to abuse is said to be tampering and that is an offense that carries a jail term of not less than six months as provided under S 21(1) of the CBN act.
The Nigerian currency is a symbol of identity and it is to be treated with utmost respect and honor, any disrespect or dishonor done to the Nigerian currency is said to have been done to Nigeria as a nation and this is highly frowned upon and punished by law.