CBN Naira abuse Act: 17 years after, Apex bank goes after defaulters

Mixed reactions trail arrest of Bobrisky, Cubana Chief Priest over naira abuse allegations


Seventeen years after enactment of the CBN Act against the abuse of naira, the apex bank is said to have woken up from its slumber and moved after the alleged defaulters.

According to Section 21(3) of the Central Bank of Nigeria Act 2007 (as amended), it stipulates that ‘spraying of, dancing or matching on the Naira or any note issued by the bank during social occasions or otherwise howsoever shall constitute an abuse and defacing of the Naira or such note and shall be punishable under the law by fines or imprisonment or both.”

 

Bobrisky: Bags six months jail

 

Findings by WITHIN NIGERIA showed that the said abuse is punishable by six months imprisonment or both.

However, as the abuse continued, in August 2021 the Central bank of Nigeria once again warned against the abuse of the legal tender as it said that its abusers at social events risk imprisonment or imposition of a fine.

This is as the CBN, the police and others are set to arrest and prosecute abusers for mishandling and defacing the local currency.

The warning follows the activities of many individuals who flagrantly abuse the naira at social events such as weddings, parties, burials and so on.

In any case, this disclosure is contained in a statement titled, ‘CBN, Police, others to prosecute abusers on Naira’, issued on Tuesday by the CBN and signed by its former acting Director, Corporate Communications, Osita Nwanisobi.

The CBN noted in the statement that according to the bank’s 2007 amended Act, ‘spraying of, dancing or matching on the Naira or any note issued by the Bank during social occasions or otherwise howsoever shall constitute an abuse and defacing of the Naira or such note and shall be punishable under the law by fines or imprisonment or both.

Cubana Chief Priest: Arraigned

The CBN also warned that abusers of naira notes would be prosecuted by the financial regulator in collaboration with other regulatory bodies such as the Nigeria Police, Federal Inland Revenue Service, the Economic and Financial Crimes Commission and the Nigerian Financial Intelligence Unit.

What the CBN is saying in the statement

The statement from CBN partly reads thus; “The attention of the Central Bank of Nigeria has again been drawn to the activities of persons, who flagrantly abuse the legal tender by hurling wads of Naira notes in the air and stamping on the currency at social functions.

“There have also been cases where people mishandle the Naira, deface it, hawk the currency at parties and reject the currency in some instances. It should be stated that, contrary to the practice of these unpatriotic persons, it is neither cultural nor moral, for people to disrespect the currency which citizens trade in.

‘’For the avoidance of doubt, “Accordingly, the Central Bank of Nigeria is collaborating with the Nigeria Police, Federal Inland Revenue Service, the Economic and Financial Crimes Commission and the Nigerian Financial Intelligence Unit to address the unpatriotic practice.”

The CBN, therefore, warned Nigerians, particularly those at social functions such as birthdays, weddings and funerals, to desist from disrespecting the Naira or risk being arrested by law enforcement agencies.

EFCC moves to remedy the situation

As abuse continued, by both low and high echelons of the society, on April 4, 2024, the Economic and Financial Crimes Commission, EFCC, took the bull by its horn and arrested Idris Okuneye, a popular crossdresser, widely known as Bobrisky over naira mutilation.

WITHIN NIGERIA gathered also gathered that Bobrisky was arrested at Pinnock Estate in Lagos that Wednesday and detained at the Lagos Command of the EFCC.

The spokesperson for the EFCC, Dele Oyewale, said that Bobrisky would be charged to court.

The EFCC posted on its official Instagram page with the caption, “EFCC Grills Bobrisky for Naira Abuse Operatives of the Lagos Zonal Command of the Economic and Financial Crimes Commission, EFCC. have commenced investigation of Iris Okuneye, a.k.a Bobrisky, for allegedly spraying Naira notes.

“The EFCC had invited the 31-year-old following a video report of spraying and flaunting wads of new Naira notes at the premiere of a movie, Ajakaju, produced by Eniola Ajao, a Nollywood actress and producer, at Film One Circle Mall, Lekki, Lagos on March 24, 2024.

Nevertheless, on Friday, April 12, 2024, a Federal High Court in Lagos State, sentenced the cross dresser, Idris Okuneye (alias Bobrisky), to six months in prison for abuse of the Naira. The court did not give the cross dresser an option of fine.

Recall that Bobrisky was prosecuted by the Economic and Financial Crimes Commission (EFCC). The court convicted him on April 5, following his guilty plea, but reserved sentence until April 9. The court had ordered Okuneye to be kept in the custody of the EFCC pending sentencing.

However, due to Federal Government’s declaration of April 9, April 10 and April 11 public holiday, the case could not proceed as scheduled.

Portable: Alleges plan to arrest him over naira abuse

However, on Friday, Justice Abimbola Awogboro sentenced the convict without an option of fine. The judge held that imprisonment would take effect from the date of the cross dresser’s arrest. Okuneye was taken away by EFCC operatives immediately after his sentencing.

The EFCC had, on April 4, filed a six-count charge against Okuneye. The charge bordered on Naira mutilation and money laundering. He was consequently arraigned on April 5 and he pleaded guilty to the first four counts. The court struck out the last two counts following an application by the EFCC.

On April 5, Mr Bolaji Temitope, a prosecution witness and Assistant Suprintendant of EFCC, gave evidence before the court and narrated the circumstances surrounding prosecution of Okuneye.

Our reporter gathered that after review of the facts of the case, EFCC counsel, Mr Suleiman Suleiman, prayed the court to convict the cross dresser.

According to EFCC, Okuneye committed the offences on March 24, at Circle Mall, Jakande, Lekki, Lagos State. The commission stated that Okuneye tampered with the cumulative sum of N400,000 while dancing during a social event, by spraying same. Okuneye also sprayed various tranches of money such as N20,000 and N50,000 at various events in 2022 and 2023, according to EFCC.

The offences contravene Section 21(1) Central Bank Act of 2007 and Section 19 of Money Laundering Act of 2022.

Meanwhile, following his sentencing by the court, the Nigerian Correctional Service (NCoS) stated that Bobrisky would be housed in the male section of its facility.

He was however sent to Lagos Correctional Centre until Thursday, April 18 when he was transferred to Kirikiri prison.

The arraignment of Cubana Chief Priest

In what looked like a success story, after successfully securing the conviction of popular cross-dresser, Bobrisky, the Economic and Financial Crimes Commission, EFCC again bounced on another celebrity, Pascal Okechukwu also known as Cubana Chief Priest for allegedly spraying and tampering with the naira at a social event contrary to the provisions of the Central Bank Act of 2007.

The anti-graft agency had filed a three-count charge against Cubana Chief Priest who was  on Wednesday, April 17th, 2024 appeared before Justice Kehinde Ogundare of the Federal High Court, Lagos.

The charges were filed by a team of lawyers of EFCC led by Rotimi Oyedepo on April 14th, according to findings by our reporter.

Charges against Cubana Chief Priest

Count 1: “that you, Okechukwu Pascal on 13th Feb. 2024, at Eko Hotel, within the jurisdiction of the court, while dancing during a social event, tampered with funds in the denomination of N500 (Five Hundred Naira) issued by the Central Bank of Nigeria by spraying same for two hours, and you thereby committed an offence, contrary to and punishable under Section 21(1) of the Central Bank Act 2007”.

Count 2: “that you Okechukwu Pascal sometime in 2020, in Lagos during a social event, tampered with funds in the denomination of N500 (Five Hundred Naira) issued by the Central Bank of Nigeria by spraying same for two hours, and you thereby committed an offence, contrary to and punishable under Section 21(1) of the Central Bank Act 2007”.

Count 3: “that you Okechukwu Pascal sometime in January 2024, in Lagos during a social event, tampered with funds in the denomination of N500 (Five Hundred Naira) issued by the Central Bank of Nigeria by spraying same and you thereby committed an offence, contrary to and punishable under Section 21(1) of the Central Bank Act 2007”.

However, at the arraignment, EFCC through its counsel, Bilikisu Buhari, informed the court that the defendant committed the alleged offence on February 13, 2024, by spraying the naira notes at Eko Hotel, Lagos, while dancing during a social event.

Prosecution further informed the court that Cubana Chief Priest while dancing during a social event, tampered with funds in the denomination of N500 notes issued by the Central Bank of Nigeria, CBN, by spraying the same for two hours.

Olukoyede: EFCC boss

The commission further said sometime in 2020, during a social event in Lagos, Cubana tampered with funds in the denomination of N500 issued by the CBN, by spraying the same for two hours.

Furthermore, it added that in January 2024, in Lagos State, during a social event, Cubana tampered with funds in the denomination of N500 issued by the CBN by spraying same.

The offences committed, according to the commission, are contrary to and punishable under Section 21(1) of the Central Bank Act 2007.

But the defendant pleaded not guilty to the charges against him.

Afterwards, his counsel, Mr Chikaosolu Ojukwu, SAN, prayed the court to grant his client bail in the most liberal terms.

Ojukwu had before the arraignment of the defendant, told the court that he has a preliminary application challenging the jurisdiction of the court to try the defendant.

He further informed the court that the defence filed a 25-paragraph of bail application dated April 17, 2024, in support of the application.

He was granted bail in the sum of N100m and the court adjourned till May 2, 2024, for hearing of the preliminary objection by the defence.

Portable cries out

As the hunt for naira abusers continues, controversial singer Habeeb Okikiola, aka Portable, has alleged that the Economic and Financial Crimes Commission, EFCC, is planning to arrest him over alleged Naira abuse allegation.

Though the singer is currently abroad, claimed that the operatives of the anti-graft agency would pick him up once he lands in Nigeria.

WITHIN NIGERIA findings showed that the ‘Zazu’ crooner, who recently came out to beg EFCC to forgive him if they have any evidence against him abusing the Naira, said he is now being targeted after self-acclaimed social media activist, VeryDarkMan asked the agency to come after him for allegedly abusing the Naira.

According to him in his  Instagram live session with fans, Portable said: “I am scared. The EFCC is planning to arrest me when I return to Nigeria because VeryDarkMan name-dropped me.

“VeryDarkMan abi VeryDarkBrain, you talk too much. Leave talk for people who have something reasonable to say. Are you a law enforcement officer? Your opinions on public affairs are for people in the law enforcement agencies. When you were arrested it was Nigerians who begged for your freedom. When you came out, you were lean; all your muscles disappeared.

“And now you’re bragging. Leave talk for people who are sensible. You talk about women, politics, everything. What do you do for a living? Tok tok.”

Reactions to the arrest, hunt

However, reactions have continued to trail the conviction of popular crossdresser, Idris Okuneye, also known as Bobrisky, to six months in prison without the option of a fine.

The main pain points for many were that it was Bobrisky’s first offence and he pleaded guilty. Also, there were other person who were spraying money at same event as him.

It was earlier reported that Justice Abimbola Awogboro of the Federal High Court in Lagos delivered the judgment after Bobrisky pleaded guilty to Naira abuse charges.

Activist and lawyer, Deji Adeyanju; fiery rights advocate, AishaYesufu; infleuncer, Omojuwa, are among many who have expressed their misgivings about Bobrisky’s sentencing.

After the ruling, activist and lawyer, Adeyanju, faulted the court’s decision to sentence Bobrisky to jail without the option of fine.

He questioned the appropriateness of the sentence. He cited efforts to decongest Nigerian prisons and the fact that this is Bobrisky’s first offense. His statement read: “We note with concern, the six months sentence handed down to Mr. Okuneye Idris Olarewaju (AKA Bobrisky), without an option of fine, for Naira mutilation offence, as reported by various national news platforms.

“While we do not condone any attempt to break down the law or actual violation of the law, we are, however, constrained to state on record that at a time when private individuals, non-governmental organisations, states and federal governments are taking steps to decongest our prisons, Mr. Olarewaju, a first time offender, has been sentenced to six months imprisonment, notwithstanding his allocutus and promise to use his platform to sensitise the public against Naira mutilation.

“In handing down sentences, we urge our courts to be mindful of the cultural undertone surrounding offences.

“The act of spraying Naira or (otherwise called Naira mutilation), though an offence criminalised by law, is one that has been part of our cultural practice from time immemorial.

“The relevant agencies, therefore, have a duty to carry out large scale sensitization on the issue, before seeking to prosecute offenders.

“We also note that even at the said event where Mr. Olarenwaju was alleged to have mutilated the Naira, there were several other persons engaging in the same act. The question is, why single out Mr. Olarenwaju?

“In prosecuting offences like this, security agencies must be careful not to give the impression that the defendant is being targeted for alleged offences other than those stated on the face of the charge.” ‘The more you look…’

Similarly, a lawyer, Inibehe Effiong in a post on X (Twitter) wrote: “Six months imprisonment without an option of fine after he pleaded guilty? And despite being a first time offender?”I’m speechless!”

@AishaYesufu said: “Who advised him to plead guilty? How does spraying of money equate to mutilating money?

“If it is and a crime why is it selectively used?”

A constitutional lawyer, Festus Ogun, wrote: “Bobrisky is a first time offender. He pleaded guilty at the earliest opportunity, to save the time of the court and resources of the state.

“Yet, he was convicted and sentenced to six months imprisonment WITHOUT an option of fine.”

@Omojuwa wrote: “I hope there’s room for appeal. This person is a first-time offender who immediately pleaded guilty.

“Six months without a fine makes it appear like there are motives beyond what has been spelt out. It’d be one of the most bizarre carriages of ‘justice’ you’d ever see in Nigeria.”

@_Asiwajerry wrote: “This Bobrisky sentence is a matter of the more you look the less you see.

“There are people who have committed far more heinous crimes than what he did and they got bail options.”

X user, @Letter_to_Jack said: “Never been a fan of Bobrisky. But if the breaking news of his sentencing is correct, then it’s worrisome. Is six months jail term without option of fine not excessive to you guys?

“Or you don’t care about fairness because you want the guy punished for something else entirely?”

Nevertheless, reactions have also trailed the N10 million bail granted socialite Pascal Okechukwu, aka Cubana Chief Priest after he pleaded not guilty to alleged naira abuse.

After pleading not guilty, the court granted him bail for N10m with two sureties in like sum who must be gainfully employed with the federal or state government and not less than grade level 16.

His bail has sparked mixed reactions on social media.

Some of the commentators pointed out that controversial crossdresser, Bobrisky, was denied bail for a similar offence before his trial while Cubana Chief priest was granted bail.

They wondered why the two suspects got different rulings for the same “crime.”

Writing on X, @Olamide0fficial said: “Bobrisky got 6 months jail, Cuban Chief Priest got 10 million naira fine for the same offence. This life is not balanced.”

@LawrenceOkoroPG wrote: “Cubana Chief Priest just posted on his IG account.

‘Now it’s confirmed Chief Priest no small”

Money na Water.’

This case was just for transactional purposes as a cover-up for jailing Bob Risky for his gay activities.”

@47kasz said: “I’m starting to believe there was more to jailing Bobrisky than the mutilation of naira cos if the court can grant Cubana chief priest bail for the same offence then why is Bobrisky jailed for 6 months.

“I don’t support Bob but let’s be fr.”

@Abazz stated: “Bobrisky said he is guilty and they arrested him.

“Cubana chief priest said he is not guilty and they released him

“Try dey lie no be every truth go set you free.”

@AsiwajuLerry wrote: “Can someone explain to me, like a 5 years old, why Cubana Chief Priest was granted bail and Bobrisky wasn’t.”

@Bummiearo stated: “Some of you don’t understand what bail means. This is not a judgement. The case continues but Cubana will not be in the custody of EFCC or sleep in a cell while trial is ongoing.

“Bobrisky said he is guilty. So no need for any trial again. The next was to pass judgement.”

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