DO YOU SPRAY THE NAIRA?

If you have not heard by now that men of the Economic and Financial Crimes Commission (EFCC) arrested and charged to the Federal High Court, Lagos Division, Mr. Idris Okuneye, a popular Nigerian socialite known as “Bobrisky”, then it is either you are one of the people who are less moved by the happenings on social media or you probably have more important things like the Nigeria economy to think about.

Mr. Okuneye’s arrest is not what you should be worried about, but the offence for which he was arrested. This writer remembers one time when the Central Bank of Nigeria had put up an advert on the National Television Authority (NTA). The content was simple, a couple during their wedding reception were being sprayed by attendees with different denomination of the Naira note, as is customary in any Nigerian party. Of course, people were stepping on the notes. Then suddenly, the men of the Nigerian police force came in and arrested the couple as the dance was going on. Their reason? The couple were abusing the Naira note.

When the advert was done, this writer remembers a relative of hers laughing, why? Because, it was believed that it was totally impossible to implement this law. How many parties will you interrupt and make arrest? What of burial ceremonies and birthday parties of very important personalities in the society? The list went on.

Fast forward to 3^rd April, 2024. The men of the EFCC made an arrest that got everyone talking. Let’s summarize this. Mr. Idris Okuneye attended the movie premiere for  Ajakaju, and as the jive of the party charged, he brought out wads of Naira and did what most Nigerians do, spray them.

This is what the EFCC team says was the reason for the arrest, and why Mr. Okuneye was brought before the Court. You might have a different opinion.

The question is whether the arrest was legal at all?

Apart from the advert in NTA long ago, something most Nigerians have forgotten about, there is section 21 of the Central Bank of Nigeria 2007

Section 21 (1)

A Person who tampers with a coin or note issued by the Bank is guilty of an offence and shall on conviction be liable to imprisonment for a term not less than six months or to a fine not less than N50,000 or 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 lighted 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 there by diminished or lightened.

The CBN Act provides 6 (six) months imprisonment or a fine of N50,000 (Fifty Thousand Naira) or both for anyone convicted for tampering the Naira notes or coins. A person is said to have tampered the Naira note when he/she defaced the Naira by doing any but not limited to the following:

1. Stumping on it
2.  Engraving
3.  Mutilating (soaking, dying, damaging) it
4. Writing on it
5. Tearing it
6. Squeezing it
7. Spraying it
8. Dancing on or matching on the Naira during social occasion.

The truth be told, almost every Nigerian has either sprayed the Naira at an event, squeezed the Naira note for one reason or another, or danced and stumped on the Naira during a special event. The awareness that this action is one that an individual could be prosecuted for is not much. Hence, the shock when Mr. Idris Okuneye was arrested.

If more Nigerians would be arrested for this offence is something we are all unaware of, but should it be something that law enforcement agencies, the police inclusive, are willing to keep up with, you should make sure that neither you nor your loved ones are caught in the loop. Avoid doing to the Naira anything that would be considered an abuse.

The law in sub-section (5) goes further to define “spraying”. Apparently, the drafters of this law did not want one escaping the hammer on the ground of technicality, and made sure to explain what “spraying” the Naira means.  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”.

So, apart from the traditional spraying that we commonly see in ceremonies, no one is allowed by virtue of section 21(5) of the CBN Act, to decorate or adorn anything with the Naira. For example, decorating a birthday cake with Naira, bouquet of Naira as presents to loved ones, and the likes. These acts are considered criminal, and one would do well to stay away from it.

The writer does not want anyone to plead ignorance of the law like Mr. Idris Okuneye did in court, this is because, just as this excuse did not save the convict, it would never stop the court from convicting any other person accused of similar offence. The writer would also advise everyone with video clips of themselves spraying the Naira on their social media accounts to take them down. No one knows when the eagle’s eye would rest on anyone.

We now join other Nigerians to wait for the Court’s sentencing on the 9^th day of April, 2024. As stated above, there are only three possible outcomes, which are:

1. Six months imprisonment, or
2. Paying a fine of N50,000, or
3. Both.

Quick one, do you spray the Naira?