Bobrisky Sentenced for Naira Note Abuse: A Call for Alternative Punishments, By Samson Ojodomo Onuche

The sentence of the Federal High Court in Lagos on the controversial cross-dresser Idris Okuneye, popularly known as Bobrisky, has garnered significant attention. You will recall that he recently pleaded guilty to the offence of spraying naira notes during a public event in Lagos on March 24.

Despite his plea of guilty to the charge brought by the Economic and Financial Crime Commission (EFCC) without going through the hurdle of a lengthy trial, the Federal High Court handed down the maximum sentence of six months imprisonment, sparking debate and raising questions about the appropriateness of such a severe punishment for a first-time offender.

Under the provisions of the Central Bank Nigeria Act 2007, defacing the naira through spraying, writing, or any other means is explicitly prohibited. The law stipulates that offenders may face fines or imprisonment as penalties for their actions. The said provision provides that:

“21. ——(1) A person who tampers with a coin or note issued by the Bank is guilty of an offence 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.

(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.

(3) For the avoidance of doubt, 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 Sub-section (1) of this section.

(4) It shall also be an offence punishable under Sub-section (1) of this section for any person to hawk, sell or otherwise trade in the Naira notes, coins or any other note issued by the Bank.

(5) In this section——
(i) “Matching” includes spreading scattering or littering of any surface with any Naira notes or coins and stepping thereon, regardless of the value, volume, occasion or intent.

(ii) “Spraying” includes adorning, decorating or spraying anything or any person or any part of any person or the person of another with Naira notes or coins or sprinkling or sticking of the Naira notes or coins in a similar manner regardless of the amount, occasion or the intent.”
A careful examination of Section 21(1) of the CBN Act 2007 reveals that a convict, whether a first-time offender or not, can be liable to pay a fine or a six-month term of imprisonment. The Court also has the discretion to sentence a convict to both a fine and imprisonment. Many have argued that given the option of a fine as outlined in the law, the court should have exercised discretion and imposed a monetary penalty or alternative form of punishment, especially considering the convict’s lack of prior conviction.

In light of these, it is important to state that the factors influencing the sentencing of an offender in Nigeria under the Administration of Criminal Justice Act 2015 (ACJA) are multifaceted. These factors are intended to ensure fairness, proportionality, and the promotion of rehabilitation within the criminal justice system.

These factors include the nature and gravity of the Offence, the circumstances surrounding the offence (intent, the impact of the offence on society, etc.), the offender’s criminal history (repeated offenders may face harsher penalties compared to first-time offenders), and the prevalent nature of the offence. The court must also consider if an alternative sentence (fine, community service, probation) could serve as deterrence to the convict.

Relating to these factors, the sentencing of Bobrisky for naira note abuse could have been influenced by several of these factors. The nature and gravity of the offence, which involves the abuse of the national currency and violation of the law. Additionally, Bobrisky’s status as a celebrity and the potential impact of the offence on public perception and societal norms may have been considered.

However, the calls for alternative punishments in light of the offence being non-violent and Bobrisky’s status as a first-time offender reflect considerations of fairness and proportionality in sentencing, as advocated under the ACJA.

Advocates for judicial reform have emphasised the need to explore alternative sentencing options to alleviate the strain on Nigeria’s overcrowded correctional system. Overcrowding of the correctional Centres has long been a pressing issue in Nigeria, with facilities operating at capacities far beyond their intended limits. The imposition of custodial sentences for non-violent offences such as currency defacement exacerbates this problem, placing undue strain on the criminal justice system and contributing to human rights concerns.

As Nigeria continues its efforts towards legal and judicial reform, it is imperative that the principles of fairness, proportionality and compassion guide the administration of justice. While upholding the rule of law remains paramount, the pursuit of justice must be tempered with pragmatism and empathy, particularly when dealing with non-violent offences and first-time offenders.

In conclusion, while the spraying of naira notes is unquestionably illegal and deserving of punishment, the imposition of custodial sentences for first-time offenders may not always be the most appropriate or effective response. The Federal High Court’s decision to sentence Bobrisky to six months of imprisonment for this offence underscores the urgent need for judicial discretion and the exploration of alternative sentencing options. By embracing innovative approaches to punishment and rehabilitation, Nigeria can move closer towards a more equitable and humane criminal justice system.

Samson Ojodomo Onuche
Lawyer/Human Rights Advocate
Onuchesamson48@gmail.com