Naira Abuse: Who Will Prosecute Bago?

Alex Enumah in Abuja

A few days ago, Justice Abimbola Awogboro of the Federal High Court, Lagos, sentenced one of Nigeria’s famous cross-dressers, Idris Okuneye, popularly known as Bobrisky, to six months in jail without the option of fine.
Although a first time offender, the sentence was sequel to the cross-dresser’s conviction on charges bordering on mutilation and abuse of the country’s currency.
The charges were brought against him by the Economic and Financial Crimes Commission (EFCC).

Bobrisky, upon arraignment last week, had pleaded guilty, and said he was ignorant of the offence. But the trial judge held that the jail term without an option of fine would serve as a deterrent to other abusers of the naira.
Awogboro held, in a judgement that had since elicited controversy, “The act of mutilating the naira notes has become a menace, which has continued to damage the country’s image.

“Enough of people mutilating and tampering with our currencies. It has to stop. This will serve as a deterrent to others.”
Many considered the judgement harsh, particularly when the defendant was a first time offender and had also pleaded guilty to the charge.
But barely 48 hours after the judgement in the Bobrisky case, a video emerged showing the governor of Niger State, Mohammed Bago, engaging in a similar, if not worse act.

Bago, in the viral video, seen over the weekend, was filmed throwing wads of naira notes to residents as he drove along the streets of Minna, the Niger State capital.
Since the emergence of the video, the question on the lips of many Nigerians has been: will EFCC display the same zeal with which they arrested and prosecuted Bobrisky?
As at press time yesterday, EFCC had yet to react to the Bago video. It had neither issued a press statement regarding the conduct of Bago, nor commenced any moves against him, as it swiftly did in the case of Bobrisky.
Though the governor enjoys immunity from prosecution while in office, people are worried if the court would have the courage to hand down similar prompt decisions in the case of a governor or high government official so as to deter other governors and government officials from misusing the naira.
Since the arrest of Bobrisky on April 3, and his sentencing on April 12, both the anti-graft agency and the court had come under heavy criticism by members of the public.
To former Chairman of the National Human Rights Commission (NHRC), Professor Chidi Odinkalu, the action of the anti-graft agency was clearly an abuse of power.

The rights activist, who described the personnel of the commission as “idle”, alleged that they weaponised their badge to hunt down citizens “they don’t like.”
Reacting in a post via X, formerly known as Twitter, Odinkalu wrote, “The @officialEFCC should be ashamed of themselves. The power of arrest and prosecution is a public trust that should not be weaponised for the persecution of those whom they don’t like.
“It is either @officialEFCC is evidently idle or this is clear #AbuseOfPower. Yesterday, @NigeriaGov & @NERCNG hiked energy beyond the reach of most #Nigerians. Today, @officialEFCC orchestrates a lynching of #Bobrisky.
“People who can no longer afford electricity are hailing them because, apparently Bobby is responsible for their poverty. Bobrisky is responsible for rigging your elections; corrupting your courts; looting your treasury; sending the naira sky-high; recruiting and paying #BokoHaram and the bandits. He must be the problem with #Nigeria.”

Odinkalu further accused the EFCC of placing priority on irrelevant matters as against those that significantly impact citizens’ lives.
Reacting to the court judgement, a retired United Kingdom (UK) Judge, Dr Charles Omole, who also posted via X, argued that the sentence without an option of fine was unfair. Omole pointed to the possibility of Bobrisky being punished for other reasons that might not be too obvious.
He wrote, “I have been observing this case for a while now. The six months’ sentence is a punitive option of the sentencing guidelines. S.21 of CBN Act states a minimum of six months in jail or 50k in fine or both.
“The option of a 50k fine would have been sufficient for a first-time offender, who struck a plea bargain. Unless, of course, someone is trying to make an example of him.

“Our elders have a saying: when a child spills expensive oil in public, the father does not smack her so that people will not say the price of the oil is what is influencing the father. However, weeks later, the child spills water in public; then, the father smacks her for both the water and the oil.
“This chap must have offended someone powerful before, and they have been looking for an opportunity to nail him. Imposing the higher end of the sentencing guideline is unusual for a first-time offender, who has plea-bargained with the prosecution.
“Plea bargains usually involve a sentencing recommendation to the judge. What was agreed upon with his defence team? Did the judge ignore the agreed recommendation to sentence him?
“Depending on the answers to these questions and other factors, I see a solid case at the appeal court for a reduction in the sentence. His lawyers should appeal immediately.”

Furthermore, the retired judge observed that the sentence was disproportional to the offence of spraying naira notes for a first-time offender.
According to him, there are no aggravating factors stated in the case to warrant a more punitive punishment “unless some other agenda is playing out here.
“For instance, were his lawyers told it would be a six-month sentence recommendation in exchange for dropping a more serious money laundry charge? We don’t know. Either way, it is a steep sentence for a first-timer.

“This is purely my legal analysis of the case’s outcome, and it has nothing to do with the defendant’s lifestyle”.
Similarly, Deji Adeyanju, a human rights activist and lawyer, also believed the sentence without an option of fine was harsh on the grounds that Bobrisky was a first-time offender.
Adeyanju, in a statement, said there had been several cases of similar offences that were available to the public before the arrest of the cross-dresser.

He questioned why Bobrisky was singled out amid all other instances recorded visually and made available on social media as evidence.

While noting that he was not criticising the judgement, he argued that the judge should have handed down a softer punishment “due to Bobrisky’s cooperation” with EFCC to save the court time and resources.

According to him, “I am simply advocating for a more nuanced approach, particularly for victimless crimes like naira mutilation. Instead of resorting to imprisonment, like the case of Bobrisky, I believe community service could be a more suitable alternative.

“This would not only serve as a deterrent but also allow offenders to contribute positively to society without the burden of incarceration. Also, there should be extensive sensitisation to educate members of the public about the implications of such actions.”

Bobrisky was arrested and detained by EFCC on April 3. The commission had invited him over a video report of spraying new naira notes at the premiere of Eniola Ajao’s movie titled, “Ajakaju”, which was held at FilmOne Circle Mall, Lekki, Lagos, on March 24.

Within 48 hours of his arrest, the commission arraigned him before a Federal High Court in Lagos, where he pleaded guilty to four count charges of currency abuse.

EFCC had filed a six-count charge against Bobrisky, with the first four counts related to naira abuse, and the last two counts concerning alleged money laundering. Prior to reading the charges, EFCC prosecutor requested the court to dismiss counts five and six.

Bobrisky pleaded guilty to the four-count charge of naira abuse. He, however, asked to be pardoned, and said he was not aware of the laws on naira abuse and vowed to educate his fans on social media about it.

He said before the judge, “I am a social media influencer with over five million followers. I would do a video on my page and I would educate people about spraying money. I will not repeat it again, My Lord. I regret my actions, My Lord. I am a first-time offender.”

But Awogboro, in his judgement delivered on April 12, sentenced Bobrisky to six months’ imprisonment without an option of fine.

Bobrisky is a Nigerian internet personality, social media influencer, and entrepreneur. Born male, he gained significant attention for his controversial lifestyle, which includes cross-dressing.

He amassed a large following on social media platforms such as Instagram, where he often shared photos and videos showcasing his extravagant lifestyle, makeup tutorials, and fashion choices.

Additionally, he had ventured into business, selling beauty products and merchandise, and had become one of Nigeria’s most talked-about personalities.