We are in a
country where getting rich is the system, notion and logo of everybody. And as
a result a lot crimes are being infuriated and perpetrated; whereby, the
innocent ones ends up being the guilty of the felony perpetrated by criminals.
This forms the basis for the article.
Nigerian Law is
very simple and straight forward to understand and abide with. Whereby if one
cannot adhere to these rules written in the constitution even as a learned
person, the person must expect the written punishment specified to each felony
in the sections of the crimes.
Now, my
commentary goes to stealing by trick as law which comprises the following:
(1) Personating - SECTION 484 of Nigerian Constitution
(2) Pretense - SECTION 419 (A &B) of Nigerian
Constitution
(3) Forgery - SECTION 467 of Nigerian Constitution
The above
sections remains the major sections in Nigerian constitution for criminals and perpetrators
to easily operate from, but before we proceed let take the definition of each
of the crimes according to their sections to know the height and gravity of these crimes as it relates to
stealing by trick.:
Personating in Nigerian
Law is a type of stealing by trick which involves obtaining something with
someone’s name or document or on behalf of somebody without legal permission,
to worsen the matter when the thing obtained in this regard according to the
section is not appropriately delivered to the person in quote, it becomes a
felony which punishable according to section 484 of Nigerian constitution with
14 years imprisonment:
chapter 46 section 484
“Any person who,
with intent to defraud any person,
falsely
represents himself to be some other person,
living or dead,
is guilty of a felony, and is liable to
imprisonment for
three years. If the representation is
that the offender
is a person entitled by will or operation
of law to any
specific property and he commits the
offence to obtain
such property or possession thereof,
he is liable to
imprisonment for fourteen years.”
Personating is illegal misrepresentation.
Pretense on the
other hand is also stealing by trick whereby one disguises him/her self to
obtain something or induces someone to deliver a thing which is meant for a
purpose in disguised. It is an offense punishable by section 419 Subsection A
and B of Nigerian constitution as specified below:
“419A. (1) Any
person who by any false pretence or by means of
any other fraud obtains credit for himself or any
other person-
(a) in
incurring any debt or liability; or
(b)
by means of an entry in a debtor and creditor
account between the person giving and the
person receiving credit,
is guilty of a felony and is liable to imprisonment
for three years.
(2)
The offender cannot be arrested without warrant
unless found committing the offence.
419B. Where in any proceedings for an -offence under
section
419 or 419A it
is proved that the accused-
(a)
obtained or induced the delivery of anything capable of being stolen; or
(b)
obtained credit for himself or any other person, by means of a cheque that,
when presented for payment within a reasonable time, was dishonoured on the
ground that no funds or insufficient funds were standing to the credit of the
drawer of the cheque in the bank on which the cheque was drawn, the thing or
its delivery shall be deemed to have been obtained or induced, or the credit
shall he deemed to have been obtained, by a false pretence unless the court is
satisfied by evidence that when the accused issued the cheque he had reasonable
grounds for believing, and did in fact believe, that it would be honoured if
presented for payment within a reasonable time after its issue by him.”
Forgery also is a
felony punishable by section 467 of Nigerian constitution and specified in the
section 467 as follows:
467. “ Any person who forges any
document, writing, or
seal, is guilty of an
offence which, unless otherwise
stated, is a felony, and he is liable, if no other
punishment is provided, to imprisonment for three
years.”
Forgery of any
type is punishable depending on the gravity of the offense; it is not limited
to two years alone. But minimum is two years.
Relating the
above crimes sections to human right law, a lot of Nigerian Innocent Citizens human
right had been infringed upon, more especially to section 37 of Nigerian constitution which guarantees safety to
privacy of citizens like telephone conversation. Social amenities and duties
are protected by the government:
37. “The
privacy of citizens, their homes, correspondence, telephone conversations and
telegraphic communications is hereby guaranteed and protected.”
But today these
rights are being denied some citizens who will even after seeking redress in
the court of law will not be given fair hearing to the issues due to
corruption. Those that are ignorant of these law are the true breakers of law,
and no adequate attention as well as fair hearing are giving to complaints of
such cases within the authorities involved when such offense are reported due
to corrupt system. What happens is that the perpetrators of stealing by trick
will cease means or mediums like:
(1)
RUMOUR
(2)
SOCIAL MEDIA
(3)
FALSE DOCUMENTS
ETC.
Using the above
as a platform with materials to execute their evil intentions; we have heard
cases of people using the names of public dignitaries like TB Joshua as to dupe others in the society by obtaining money using
false document like picture of the well known public figure as his boss which
is misrepresentation as well as crime under section 467.
Also people had as well been sentenced to
imprisonment for Personating in the social media like facebook.com, twitter.com
and whatsapp.com as well they cease this medium to pose pretense under section
419 of Nigerian constitution.
On the other
hand, Rumor mongers can perpetrate their wicked acts easily by defamation of
character of good and innocent citizens as well as spread of evil report and
false information in order to threat with demand which is also punishable by
law according to section 376:
376. “Any person who publishes, or threatens
to publish, or
offers to abstain
from publishing, or offers to prevent the publication of defamatory matter,
with intent to extort
money or
other property, or with intent to induce any
person to
give, confer, procure, or attempt to procure,
to, upon, or
for, any person, any property or benefit of
any kind. is
guilty of a felony, and is liable to
imprisonment
for seven years.”
Under
personating, they cease this platform to damage the reputation of the innocent
ones in the society by using their influence as relations, sibling, friends, Boss
etc. to commit crimes of obtaining credit as well as become debtors which may
finally land on the innocent one as the one inducing the act under pretence.
Also false
document still remains the root of forgery and pretense in obtaining anything
as stealing by trick under section 467 subsections 1-5 of Nigerian constitution
as follows:
“467. Any person
who forges any document, writing, or
seal, is guilty of an
offence which, unless otherwise
stated, is a felony, and he is liable, if no other
punishment is provided, to imprisonment for
three years.
Punishment in Special Cases
(1) If
the thing forged-
(a)
purports to be, or is intended by the offender to
be understood to be or to be used as, the public seal
of Nigeria or of any State of Nigeria or the great or
privy seal of any country of the Commonwealth or
under the protection of a Commonwealth country,
or the seal of the President, or a Governor of a State;
or
(b) is a document having on it or
affixed to it any
such seal, signet, or sign manual, or anything
which purports to be, or is intended by the offender
to be understood to be, any such seal, signet, or sign
manual;
the offender is liable to imprisonment for life.
(2) If
the thing forged purports to be, or is intended
by the offender to be understood to be or to be used
as, any of the following things-
(a) a document which is evidence of title to any
portion of the public debt of Nigeria or of any State
thereof or of any other country, or to any dividend
or interest payable in respect of any such debt, or
a transfer or assignment of any such document, or
a receipt or certificate for any interest or money
payable or accruing on or in respect of any such
public debt;
(b) a transfer or assignment of a share in any
corporation, company, or society, whether
domestic or foreign, or of any share or interest
in the capital stock of any such corporation,
company, or society, or in the debt of any such
corporation, company or society, or a receipt or
certificate for any interest or money payable or
accruing on or in respect of any such share,
interest, or debt;
(c) a document acknowledging or being evidence
of the indebtedness of the Government of
Nigeria or of the Government of any other country;
(d)
a document which by the law of Nigeria, or
any other country is evidence of the title to any land
or estate in land in Nigeria or that other country, or
an entry in any register or book which is such
evidence;
(e) a document which by law
is required for
procuring the registration of any title to any land or
estate in land;
(f) a
testamentary instrument, whether the testator
is living or dead,
or a probate or letters of
administration,
whether with or without a will
annexed;
(g) a bank note, bill of exchange, or promissory note,
or an acceptance, endorsement, or assignment,
of either;
(h) a deed, bond, or writing obligatory, or a draft,
warrant, order, or other security for the payment of
money, or for the delivery or transfer of a valuable
security, or for procuring or giving credit, whether
negotiable or not, of an endorsement or assignment
of any such document;
(i) an accountable receipt, or an acknowledgement
of the deposit, receipt, payment or delivery, of money
or goods, or of any valuable security, or an endorsement
or assignment of any such document; a bill of lading,
dock warrant, warehouse keeper's certificate, warrant,
or order for the delivery of goods, or any other
document used in the ordinary course of business as
proof of possession or control of goods, or as
authorising, or purporting to authorise, either by
endorsement or by delivery, the possessor of the
document to transfer or receive the goods represented
by the document, or an endorsement or assignment of
any such document;
(k)
a charter party, or a shipping document accompanying
a bill of lading, or an endorsement or assignment of either;
(l) a policy of insurance of any kind;
(m) a power of attorney or other authority to execute
any such document as is herein before in this section
mentioned;
(n) the signature of a witness to any of the documents
herein before in this section mentioned to which
attestation is by law required;
(o) a register of births, baptisms, marriages, deaths, or
burials, authorised or required by law to be kept, or
any entry in any such register;
(p) a copy of any such register or entry as last
aforesaid, which is authorised or required by law
to be given or sent to or by any person;
(q) a seal used by a registrar appointed to keep any
such register as is herein before mentioned, or
the impression of any such seal, or the signature
of any such registrar, the offender is liable
to imprisonment for fourteen years.
(3) If
the thing forged purports to be, or is intended
by the offender to be understood to be or to be
used
as, any of the following things--
(a) the signature of the President or a Governor of
a State or of a Commissioner, as the case may be,
upon any grant, commission, warrant, or order;
(b) a seal or stamp used for the purpose of the public
revenue in Nigeria or in any other country;
(c) a document relating to the obtaining or receiving
or any money payable on account of the public
service of Nigeria, or any other property of the
State in any country, or a power of attorney or
other authority to execute any such document;
the offender is liable to imprisonment for
fourteen years.
(4) If the thing forged purports to be, or is intended
by the offender to be understood to be or to be
used as, any of the following things-
(a) the seal of a court of record in any part of a
country of the Commonwealth or of a country
under the protection of a Commonwealth
country, or a seal used at the chambers of a
Justice of the Supreme Court or a High
Court for stamping or sealing summonses
or orders;
(b)
a seal or signature by virtue whereof any document
can by law be used as evidence;
(c) any process of any court of justice in any part of
a country of the Commonwealth or of a country
under the protection of a Commonwealth country;
(d) a document issued or made by or out of or by the
authority of any such court as last aforesaid;
(e) a document or copy of a document of any kind,
which document or copy is intended by the offender
to be used as evidence in any such court as last
aforesaid;
(f) a record or other document of or belonging to a
court of record in any part of a country of the
Commonwealth or of a country under the
protection of a Commonwealth country;
(g) a
copy or certificate of any record of any such
court as last aforesaid;
(h)
an instrument, whether written or printed, or
partly written and partly printed, which is made
evidence by any Act, Law, Statute, or Order, in
force in Nigeria;
(i) a
document which a judicial officer is required
or authorised by law to make, attest, or issue, and
purporting to be made, attested, or issued, by a
judicial officer;
(j)
a stamp used for denoting the payment of fees
or percentages in any court;
(k) a
licence or certificate required or authorised by
law to be given for the celebration of a marriage;
(l)
a consent to the marriage of a minor given by a
person authorized by law to give it;
(m)
a certificate of marriage given under the provisions
of the laws relating to the solemnisation of marriage;
(n) a copy of the registration of a marriage;
(o) a stamp issued or made under the laws relating to the
post office;
(p) a power of attorney or a letter of attorney;
(q)
the signature of a witness to a power of attorney or
letter of attorney;
(r)
the superscription of any postal matter by any
person empowered under any enactment to frank
postal matter;
(s) a contract or a writing which with other writings
constitutes a contract or is evidence of a contract;
(t) an
authority or request ,the payment of money or
for the delivery of property;
(u) an acquittal or discharge or a voucher of having
received any property, or any document which is
evidence of the receipt of any property;
(v)
any mark which under the authority of any Act, Law,
Statute, or Order, is impressed upon or otherwise
attached to or connected with any article for the purpose
of denoting the quality of the article or the fact that it
has been examined or approved by or under the
authority of some public body or public officer; the
offender is liable to imprisonment for seven years.
(5)
If the thing forged purports to be,
or is intended by the
offender to be understood to be or to be used as, a
message to be sent by telegraph, or a message received by
telegraph, the offender is liable to the same punishment as if he had forged a
document to the same effect as the message”.
So with these
points we can see that innocent Nigerian Citizens are prone to Felony due to
corruption in the society which violates their human right law.
WRITTEN BY ONYIA EMEKA
HARFORD
CONTACT: +2348186388641
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