{"id":18840,"date":"2024-05-27T11:46:57","date_gmt":"2024-05-27T10:46:57","guid":{"rendered":"http:\/\/dubawa.org\/dir\/?p=18840"},"modified":"2024-05-27T11:47:02","modified_gmt":"2024-05-27T10:47:02","slug":"naira-abuse-understanding-courts-pronouncements-on-bobrisky-and-cubana-chief-priests-cases","status":"publish","type":"post","link":"https:\/\/dubawa.org\/dir\/naira-abuse-understanding-courts-pronouncements-on-bobrisky-and-cubana-chief-priests-cases\/","title":{"rendered":"Naira Abuse: Understanding court&#8217;s pronouncements on Bobrisky and Cubana Chief Priest\u2019s cases"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Background&nbsp;<\/strong><\/h2>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Abusing the Naira in any form is a crime. The <a href=\"https:\/\/www.cbn.gov.ng\/OUT\/CIRCULARS\/CSD\/2007\/CBN%20ACT%202007.PDF\" target=\"_blank\" rel=\"noopener\">Central Bank of Nigeria Act<\/a>, 2007 prohibits spraying, stamping, engraving, selling, and mutilating the currency.&nbsp;<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">According to section 21(1) of the <a href=\"https:\/\/www.cbn.gov.ng\/OUT\/CIRCULARS\/CSD\/2007\/CBN%20ACT%202007.PDF\" target=\"_blank\" rel=\"noopener\">2007 CBN Act<\/a>, any person convicted for the abuse of a naira note or who tampers with a coin or note is liable for imprisonment for a term not less than six months or to a fine not less than N50,000 (approximately US$37) or to both a fine and imprisonment.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Recently, some Nigerian celebrities were entangled in legal battles over alleged abuse of Nigerian currency.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Among those prosecuted over the issue of naira were controversial celebrity crossdresser and socialite <a href=\"https:\/\/en.wikipedia.org\/wiki\/Bobrisky\" target=\"_blank\" rel=\"noopener\">Idris Okuneye<\/a>, who is also known as Bobrisky, and <a href=\"https:\/\/www.thecityceleb.com\/biography\/entrepreneur\/businessman\/cubana-chief-priest-biography-age-net-worth-untold-facts-business-more\/\" target=\"_blank\" rel=\"noopener\">Pascal Okechukwu<\/a>, known as Cubana Chief Priest.&nbsp;<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">The issue generated much controversy and debate online. Many interpretations have been given as to why one of the offenders, Bobrisky, was sentenced to six months in prison without the option of a fine while Cubana Chief Priest was granted bail after paying a fine.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Reacting to the issue, An X user, SDX @<a href=\"https:\/\/x.com\/SDX_Trades?t=IZ03fNNjNRFwIj74HooP1A&amp;s=09\">SDX_Trades<\/a>, <a href=\"https:\/\/twitter.com\/SDX_Trades\/status\/1785980841119686810?t=fZH5-EJq4o8j4epGzZAVxw&amp;s=19\" target=\"_blank\" rel=\"noopener\">wrote<\/a>, \u201cWhat Bobrisky money cannot do, Cubana chief priest money will do it.END\u201d<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Another X user, Olawale Quadri <a href=\"https:\/\/x.com\/QualityQuadry?t=6T2DVYacWJULZFFeM4DtSw&amp;s=09\">@QualityQuadri<\/a>, <a href=\"https:\/\/twitter.com\/QualityQuadry\/status\/1785953548133376194?t=9XKVpTNff8ryYKXzvyybfw&amp;s=19\" target=\"_blank\" rel=\"noopener\">posted<\/a>, \u201cLATEST on Cubana Chief Priest Naira Abuse&#x2935;&#xfe0f;EFCC, Cubana Chief Priest &nbsp; to settle out of court, but Bobrisky is still dey behind bars for the same offence.\u201d&nbsp;<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">In a TikTok <a href=\"https:\/\/twitter.com\/Aramideoflagos\/status\/1780633282951909393?t=wKqUG11_nrTHCKxcCYdU2A&amp;s=19\" target=\"_blank\" rel=\"noopener\">video<\/a> posted by an X user, <a href=\"https:\/\/x.com\/Aramideoflagos?t=URuzPpRr-twWMmj-1GN6Lw&amp;s=09\">@Aramideoflagos<\/a>, the speaker <a href=\"https:\/\/twitter.com\/Aramideoflagos\/status\/1780633282951909393?t=wKqUG11_nrTHCKxcCYdU2A&amp;s=19\" target=\"_blank\" rel=\"noopener\">explained<\/a> that Bobrisky was sent to jail because he pleaded guilty to his offence. At the same time, Cubana Chief Priest was granted bail because he pleaded not guilty to his offence.&nbsp;<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">The speaker in the video asserts that the outcome of the case was also influenced by the counsel&#8217;s approach to the offenders. He noted the importance of pleading guilty and pleading not guilty in the face of the popular clich\u00e9 that says a suspect is proven guilty of a crime until the case is established beyond a reasonable doubt.&nbsp;<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Due to the debate and reactions to the cases&#8217; outcomes on social media, especially by X users, DUBAWA decided to highlight and clarify issues concerning the cases.&nbsp;<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Bobrisky and Cubana Chief Priest\u2019s cases and judgments explained<\/strong><\/h2>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Bobrisky was arraigned on April 5, 2024, by the <a href=\"https:\/\/www.efcc.gov.ng\/efcc\/\" target=\"_blank\" rel=\"noopener\">Economic and Financial Crimes Commission<\/a> (EFCC) in a Lagos court on <a href=\"https:\/\/www.efcc.gov.ng\/efcc\/news-and-information\/news-release\/9970-lagos-court-jails-bobrisky-six-months-for-naira-abuse#:~:text=He%20was%20arraigned%20on%20Friday,Hundred%20and%20Ninety%20Thousand%20Naira).\" target=\"_blank\" rel=\"noopener\">four counts<\/a> of naira abuse and two counts of suspected money laundering.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Justice Abimbola Awogboro of the Federal High Court in Lagos later <a href=\"https:\/\/www.premiumtimesng.com\/regional\/ssouth-west\/685390-just-in-court-sentences-bobrisky-to-six-months-in-jail.html\" target=\"_blank\" rel=\"noopener\">sentenced<\/a> him to six months in jail without the option of a fine.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">During Bobrisky\u2019s trial, he <a href=\"https:\/\/www.premiumtimesng.com\/regional\/ssouth-west\/685390-just-in-court-sentences-bobrisky-to-six-months-in-jail.html\" target=\"_blank\" rel=\"noopener\">pleaded guilty<\/a> to the offence and told the court that he was unaware that he was breaking the law, adding that he was just a social media influencer.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">\u201cI am a social media influencer with five million followers; honestly, I was not aware of the law. I wish I could be given a second chance to use my platform to educate my followers against the abuse of the Naira,\u201d Bobrisky said in his plea for mercy.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">However, Justice Awogboro reminded Bobrisky that ignorance of the law is not an excuse, a notion that he (Bobrisky) agreed to.&nbsp;<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">The Judge said in his ruling, &#8220;The act of mutilating the Naira notes has become a menace, which has continued to damage the country\u2019s image. Enough of people mutilating and tampering with our currencies. It has to stop. His will serve as a deterrent to others.\u201d<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">In a similar situation, on April 17, 2024, the EFCC <a href=\"https:\/\/www.efcc.gov.ng\/efcc\/news-and-information\/news-release\/9980-efcc-arraigns-cubana-chief-priest-for-alleged-naira-abuse\" target=\"_blank\" rel=\"noopener\">arraigned<\/a> Cubana Chief Priest on <a href=\"https:\/\/www.efcc.gov.ng\/efcc\/news-and-information\/news-release\/9980-efcc-arraigns-cubana-chief-priest-for-alleged-naira-abuse\" target=\"_blank\" rel=\"noopener\">three counts<\/a> of abuse of the Naira before Justice Kehinde Ogundare at the Federal High Court, Ikoyi, Lagos.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">During his arraignments, the Cuban Chief Priest <a href=\"https:\/\/www.google.com\/amp\/s\/www.channelstv.com\/2024\/05\/02\/naira-abuse-cubana-chief-priest-explores-out-of-court-settlement-with-efcc\/amp\/\" target=\"_blank\" rel=\"noopener\">pleaded not guilty<\/a> to the charge and was granted bail in N10m, with two responsible sureties in like sums. His case was adjourned until May 2, 2024, to hear his application.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">In his last hearing on May 2, Cubana Chief Priest\u2019s legal representative told the presiding Judge that his client had <a href=\"https:\/\/www.google.com\/amp\/s\/www.channelstv.com\/2024\/05\/02\/naira-abuse-cubana-chief-priest-explores-out-of-court-settlement-with-efcc\/amp\/\" target=\"_blank\" rel=\"noopener\">applied<\/a> for the matter to be settled out of court. This means that there will be a need to apply for a withdrawal of the defence\u2019s preliminary objection to allow for reconciliation.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Meanwhile, while serving his jail term, Bobrisky has also <a href=\"https:\/\/www.premiumtimesng.com\/news\/more-news\/688305-naira-abuse-bobrisky-appeals-against-sentence.html\" target=\"_blank\" rel=\"noopener\">filed<\/a> a notice of appeal challenging the six-month maximum sentence given to him by the Federal High Court in Lagos.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Legal practitioner reacts<\/strong><\/h2>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">While explaining the outcome of the cases, a legal practitioner, Ibrahim Abiola, noted that pleading guilty to an offence does not mean conviction, and the issues of Bobrisky and Obi Cubana must be viewed independently based on the merits of each case.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">He said, \u201cWhen a person pleads guilty, it doesn\u2019t automatically translate to conviction by the court. The prosecution is required to prove its case beyond a reasonable doubt to secure a conviction, and that was done in Bobrisky\u2019s case.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">He further said, \u201cHowever, in Cubana Chief Priest\u2019s case, you would need to look at <a href=\"https:\/\/www.efcc.gov.ng\/efcc\/images\/pdfs\/establishment_act_2004.pdf\" target=\"_blank\" rel=\"noopener\">Section 14 (2) of the EFCC Act.<\/a> This section empowers the Commission to compound the offence and accept any amount of money that it thinks fit, but such must not exceed the amount prescribed for that offence.&nbsp;<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">In this case, the Commission has decided to explore the provisions of Section 14 (2), and this should not be compared to Bobrisky, who pleaded guilty and couldn&#8217;t explore an out-of-court settlement.<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">Section 14 (2) of the EFCC Act states that \u201cSubject to the provision of Section 174 of the Constitution of the Federal Republic of Nigeria 1999 (which relates to the power of the Attorney-General of the Federation to institute, continue or discontinue criminal proceedings against any persons in any court of law), the Commission may compound any offence punishable under this Act by accepting such sums of money as it thinks fit, not exceeding the amount of the maximum fine to which that person would have been liable if he had been convicted of that offence.\u201d<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">However, there are situations where the parties are unable to explore the settlement envisaged by <a href=\"https:\/\/www.efcc.gov.ng\/efcc\/images\/pdfs\/establishment_act_2004.pdf\" target=\"_blank\" rel=\"noopener\">Section 14 (2) of the EFCC Act<\/a>, and this results in a full-blown trial, as seen in Bobrisky&#8217;s case.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Conclusion&nbsp;<\/strong><\/h2>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\">It&#8217;s important to note that the outcome of the cases is majorly influenced by the prosecution and defence&#8217;s presentation of facts. It has become a precedent for similar cases in the future. While the outcomes of the cases in their current stage underscore the intricacies of the judicial process and civil litigations, people might also need to be aware of the implications of their comments while a case is pending in a court of competent jurisdiction.&nbsp;<\/p>\n\n\n\n<p class=\"has-text-align-justify wp-block-paragraph\"><strong>This report was produced for the DUBAWA 2024 Kwame KariKari Fellowship in partnership with The Informant247 to facilitate the ethos of \u201ctruth\u201d in journalism and enhance media literacy in the country.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Background&nbsp; Abusing the Naira in any form is a crime. The Central Bank of Nigeria Act, 2007 prohibits spraying, stamping, engraving, selling, and mutilating the currency.&nbsp; According to section 21(1) of the 2007 CBN Act, any person convicted for the abuse of a naira note or who tampers with a coin or note is liable for imprisonment for a term not less than six months or to a fine not less than N50,000 (approximately US$37) or to both a fine and imprisonment. Recently, some Nigerian celebrities were entangled in legal battles over alleged abuse of Nigerian currency. Among those prosecuted over the issue of naira were controversial celebrity crossdresser and socialite Idris Okuneye, who is also known as Bobrisky, and Pascal Okechukwu, known as Cubana Chief Priest.&nbsp; The issue generated much controversy and debate online. Many interpretations have been given as to why one of the offenders, Bobrisky, was sentenced to six months in prison without the option of a fine while Cubana Chief Priest was granted bail after paying a fine. Reacting to the issue, An X user, SDX @SDX_Trades, wrote, \u201cWhat Bobrisky money cannot do, Cubana chief priest money will do it.END\u201d Another X user, Olawale Quadri @QualityQuadri, posted, \u201cLATEST on Cubana Chief Priest Naira Abuse&#x2935;&#xfe0f;EFCC, Cubana Chief Priest &nbsp; to settle out of court, but Bobrisky is still dey behind bars for the same offence.\u201d&nbsp; In a TikTok video posted by an X user, @Aramideoflagos, the speaker explained that Bobrisky was sent to jail because he pleaded guilty to his offence. At the same time, Cubana Chief Priest was granted bail because he pleaded not guilty to his offence.&nbsp; The speaker in the video asserts that the outcome of the case was also influenced by the counsel&#8217;s approach to the offenders. He noted the importance of pleading guilty and pleading not guilty in the face of the popular clich\u00e9 that says a suspect is proven guilty of a crime until the case is established beyond a reasonable doubt.&nbsp; Due to the debate and reactions to the cases&#8217; outcomes on social media, especially by X users, DUBAWA decided to highlight and clarify issues concerning the cases.&nbsp; Bobrisky and Cubana Chief Priest\u2019s cases and judgments explained Bobrisky was arraigned on April 5, 2024, by the Economic and Financial Crimes Commission (EFCC) in a Lagos court on four counts of naira abuse and two counts of suspected money laundering. Justice Abimbola Awogboro of the Federal High Court in Lagos later sentenced him to six months in jail without the option of a fine. During Bobrisky\u2019s trial, he pleaded guilty to the offence and told the court that he was unaware that he was breaking the law, adding that he was just a social media influencer. \u201cI am a social media influencer with five million followers; honestly, I was not aware of the law. I wish I could be given a second chance to use my platform to educate my followers against the abuse of the Naira,\u201d Bobrisky said in his plea for mercy. However, Justice Awogboro reminded Bobrisky that ignorance of the law is not an excuse, a notion that he (Bobrisky) agreed to.&nbsp; The Judge said in his ruling, &#8220;The act of mutilating the Naira notes has become a menace, which has continued to damage the country\u2019s image. Enough of people mutilating and tampering with our currencies. It has to stop. His will serve as a deterrent to others.\u201d In a similar situation, on April 17, 2024, the EFCC arraigned Cubana Chief Priest on three counts of abuse of the Naira before Justice Kehinde Ogundare at the Federal High Court, Ikoyi, Lagos. During his arraignments, the Cuban Chief Priest pleaded not guilty to the charge and was granted bail in N10m, with two responsible sureties in like sums. His case was adjourned until May 2, 2024, to hear his application. In his last hearing on May 2, Cubana Chief Priest\u2019s legal representative told the presiding Judge that his client had applied for the matter to be settled out of court. This means that there will be a need to apply for a withdrawal of the defence\u2019s preliminary objection to allow for reconciliation. Meanwhile, while serving his jail term, Bobrisky has also filed a notice of appeal challenging the six-month maximum sentence given to him by the Federal High Court in Lagos. Legal practitioner reacts While explaining the outcome of the cases, a legal practitioner, Ibrahim Abiola, noted that pleading guilty to an offence does not mean conviction, and the issues of Bobrisky and Obi Cubana must be viewed independently based on the merits of each case. He said, \u201cWhen a person pleads guilty, it doesn\u2019t automatically translate to conviction by the court. The prosecution is required to prove its case beyond a reasonable doubt to secure a conviction, and that was done in Bobrisky\u2019s case. He further said, \u201cHowever, in Cubana Chief Priest\u2019s case, you would need to look at Section 14 (2) of the EFCC Act. This section empowers the Commission to compound the offence and accept any amount of money that it thinks fit, but such must not exceed the amount prescribed for that offence.&nbsp; In this case, the Commission has decided to explore the provisions of Section 14 (2), and this should not be compared to Bobrisky, who pleaded guilty and couldn&#8217;t explore an out-of-court settlement. Section 14 (2) of the EFCC Act states that \u201cSubject to the provision of Section 174 of the Constitution of the Federal Republic of Nigeria 1999 (which relates to the power of the Attorney-General of the Federation to institute, continue or discontinue criminal proceedings against any persons in any court of law), the Commission may compound any offence punishable under this Act by accepting such sums of money as it thinks fit, not exceeding the amount of the maximum fine to which that person would have been liable if he had been convicted of that offence.\u201d However, there are situations where the parties are unable to explore the settlement<\/p>\n","protected":false},"author":1,"featured_media":18841,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"hannibal_claim_source":"","hannibal_source_label":"","hannibal_card_color":"blue","_jetpack_memberships_contains_paid_content":false,"footnotes":"","_wpscppro_dont_share_socialmedia":false,"_wpscppro_custom_social_share_image":0,"_facebook_share_type":"default","_twitter_share_type":"default","_linkedin_share_type":"default","_pinterest_share_type":"default","_linkedin_share_type_page":"","_instagram_share_type":"default","_medium_share_type":"","_threads_share_type":"","_google_business_share_type":"","_bluesky_share_type":"","_mastodon_share_type":"","_selected_social_profile":[],"_wpsp_enable_custom_social_template":false,"_wpsp_social_scheduling":{"enabled":false,"datetime":null,"platforms":[],"status":"template_only","dateOption":"today","timeOption":"now","customDays":"","customHours":"","customDate":"","customTime":"","schedulingType":"absolute"},"_wpsp_active_default_template":true},"categories":[1572,3812,3815,123],"tags":[],"verdict":[],"ppma_author":[4073],"class_list":["post-18840","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-explainers","category-headline","category-homepage","category-mainstream"],"jetpack_shortlink":"https:\/\/wp.me\/p8R6dE-4TS","jetpack_likes_enabled":true,"jetpack_sharing_enabled":true,"authors":[{"term_id":4073,"user_id":0,"is_guest":1,"slug":"yemi-sodeeq","display_name":"Yemi Sodeeq","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/?s=96&r=g","author_category":"","user_url":"","last_name":"","first_name":"","job_title":"","description":""}],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/dubawa.org\/dir\/wp-content\/uploads\/2024\/05\/bobrisky-and-cubana.jpg?fit=720%2C486&ssl=1","_links":{"self":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts\/18840","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/comments?post=18840"}],"version-history":[{"count":1,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts\/18840\/revisions"}],"predecessor-version":[{"id":18842,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts\/18840\/revisions\/18842"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/media\/18841"}],"wp:attachment":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/media?parent=18840"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/categories?post=18840"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/tags?post=18840"},{"taxonomy":"verdict","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/verdict?post=18840"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/ppma_author?post=18840"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}