Bobrisky: Naira mutilation conviction and matters arising

In February 2024, the mass media was awash with reports of the arrest of Bassey Idio for currency racketeering by operatives of the Uyo Zonal Command of the Economic and Financial Crimes Commission (EFCC).

The 59-year-old ‘naira trader’ was apprehended following intelligence and surveillance revealing his illicit cash transactions involving both local and foreign currencies.

He was found selling N700,000 new Naira notes, comprising twelve bundles of N500 notes totaling N600,000 and a bundle of N1000 notes amounting to N100,000.

Idio later confessed to the crime and was convicted.

Before then, in a widely circulated video, federal lawmaker Ibrahim Abuna was seen distributing money to a crowd presumed to be his constituents.

Abuna was representing Mafa, Dikwa, and Konduga federal constituencies of Borno State in the House of Representatives.

He demonstrated his generosity by tossing money from a balcony, disregarding the potential risk of a stampede as people clamoured to catch the airborne naira notes.

The recipients, totaling over 100 individuals, consisted of young men and women, as well as elderly persons.

Sadly, no arrest or conviction has been made since 2021, when the video was made.

On a daily basis, the Abuna scenario is repeated in different parts of the country as celebrities and politicians try to outdo one another as they engage in money-spray at social events and even political gatherings.

Recently, there was a dramatic twist in this otherwise normal behaviour among Nigerians as a Federal High Court in Lagos sentenced Idris Okuneye ‘Bobrisky’, a popular crossdresser, to six months in prison for naira abuse.

Bobrisky, who was prosecuted by the Economic and Financial Crimes Commission (EFCC), was jailed as a deterrent to those involved in naira abuse.

The judge also said Bobrisky should use his influence to teach people about legal money practices.

He said Bobrisky’s offence is contrary to and punishable under Section 21(1) of the Central Bank Act 2007.

Naira abuse has been illegal in Nigeria for a long time, but praying naira notes or throwing its bundles during social events has been a tradition in Nigeria for many years, as many have not been brought to light under the Act

However, this law hasn’t been strictly enforced in the past.

The Act recognises naira abuse to include actions like throwing, stamping, engraving, selling, and mutilating the currency. They carry a penalty of a ₦50,000 fine or six months in prison.

According to the Act, tampering includes impairing, diminishing, or lightening coins or notes, as well as defacing them through stamping, engraving, mutilating, or other forms of deliberate abuse.

It notes that spraying, dancing, or stepping on the naira during social occasions or otherwise is considered an abuse and defacing of the currency, punishable under this Act.

A financial expert, Mr. Rilwan Afolabi, says the Act aims to protect the integrity and value of Nigeria’s currency by imposing strict penalties on those who tamper with or abuse it.

According to him, by defining various forms of tampering and abuse, including common practices like spraying or dancing on the naira during social events, the Act seeks to deter such behaviours and promote respect for the currency.

“The inclusion of penalties for hawking, selling, or trading in Naira notes further reinforces the seriousness with which the law treats any actions that could undermine the currency’s stability and legitimacy.

“Overall, the Act reflects the CBN’s commitment to maintaining the integrity of Nigeria’s monetary system and ensuring public confidence in the national currency,"  he said.

However, many people think the punishment meted out to Bobrisky was too harsh and want leniency, while others suggest community service for non-violent crimes like this.

Social activist Aisha Yesufu has criticised Bobrisky for admitting guilt to the charge of naira mutilation.

In a write-up on X, formerly known as Twitter, Aisha questions: “Who advised him to plead guilty? She raised concerns about how spraying money can be equated to mutilating money and why the law is selectively enforced.

She added: “Yes, I would have. In the worst-case scenario, I would advise him to plead ‘No Contest.’

Yesufu further asks, “If spraying money is considered mutilation, then what about politicians throwing money at people?

“Mutilation and spraying money—are they the same? Did Bobrisky pick a pair of scissors and start shredding the NAIRA?

“We just have a jungle where anything goes because some people’s morality is offended.

“If Bobrisky has crimes he has committed, prosecute him on those, not this selective prosecution.”

Also reacting, Deji Adeyanju, a lawyer and social activist, expressed concern over the six-month sentence handed to Bobrisky.

The sentence, delivered without the option of a fine, has raised questions about the severity of punishment for what some perceive as a cultural practice.

While acknowledging the importance of upholding the law, Adeyanju highlighted Bobrisky’s status as a first-time offender and his pledge to utilise his platform to raise awareness against Naira mutilation.

He urged the courts to consider the cultural context surrounding such offences and emphasised the need for extensive public sensitization before prosecution.

The issue of selective enforcement was also raised, as Adeyanju questioned why he was singled out for prosecution when others were reportedly engaged in similar acts during the event in question.

He cautioned against the perception of bias in law enforcement and called for a fair and impartial approach to justice.

In light of these concerns, Adeyanju proposed an alternative approach to handling such crimes as naira mutilation, advocating community service as a suitable form of punishment.

He reaffirmed his commitment to upholding the rule of law and protecting human rights while urging security agencies to consider alternative measures for addressing such offences.

Adeyanju said the ongoing debate surrounding Bobrisky’s sentence underscored broader discussions about cultural practices, law enforcement, and the balance between tradition and legal compliance in Nigerian society.

As stakeholders continue to weigh in on the matter, it remains to be seen how authorities will address the complexities surrounding Naira mutilation and similar offences in the future.

Also, they call for comprehensive education campaigns on the importance of preserving the integrity of the naira.

Such initiatives, they say, could help instill a culture of respect for the currency and discourage behaviours that undermine its value.