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The concept of “give and take” is deeply rooted in human relationships, often shaping expectations in romantic interactions. While gifts and financial support are common, they can sometimes lead to disputes when expectations aren’t met.
This was the case in a viral video posted on X on August 24, 2025, showing a young woman, identified as Jennifer, facing a court trial after allegedly collecting transport fare from a man named Emmanuel but failing to appear.
In the widely circulated footage, the judge can be heard speaking in Igbo, stating that Jennifer will either pay Emmanuel a sum of N450,000 or face a 7-year jail term.
DUBAWA observed different reactions over the post. While some users believed the veracity of the clip, others claimed that such an incident could only happen in a movie.
An X user, Dr Izu, celebrated the supposed ruling, saying: “It’s also a criminal offence and an act of false pretence, and in this case, justice was rightly served.”
Another X user, @OmoekoAwori, appeared perplexed, asking if courts hear such matters. “So court dey for this kind thing,” he wrote.
Jennifer’s case is not the first to go viral in Nigeria. Early this year, in Osun state, a lady was fined N150,000 for failing to visit her boyfriend after collecting N3,000.
Given the viral nature of the footage and the diverse public reactions, DUBAWA decided to write an explainer to clarify whether a magistrates’ court can hear such cases and impose penalties in Nigeria.
What is a magistrate’s court?
DUBAWA observed that in the comment section, many users questioned whether a magistrate’s court has the authority to deliver such a judgment and whether proceedings can be conducted in an indigenous language instead of English.
When legal issues arise in Nigeria, many people’s first stop is the magistrates’ court. These courts serve as the initial point of contact for most legal disputes, particularly those involving minor civil and criminal cases. These lower courts play a vital role in handling less severe offences and ensuring quick access to justice.
In criminal cases, magistrates’ courts hear misdemeanour offences which are crimes punishable by less than two years’ imprisonment or smaller fines. Serious crimes (felonies) such as armed robbery, murder, or large-scale fraud fall under the jurisdiction of High Courts.
Magistrate courts in Nigeria operate under the laws of each state. Still, their authority is derived from the federal constitution and the Criminal Code Act in the South, as well as the Penal Code in the North. Each state may also have its own magistrates’ court law that specifies its powers and limitations.
What does the law say about collecting money under false pretences?
Section 419 of the Nigerian Criminal Code addresses the offence of obtaining money or goods through pretence. It makes it illegal for anyone to use a false representation, with the intention of defrauding, to acquire property or persuade someone to hand it over to another person.
The law classifies this as a felony, carrying a penalty of up to three years in prison, or up to seven years if the property involved is worth one thousand naira or more.
Importantly, the offence is complete once a false pretence is made, regardless of whether a contract was involved.
To understand if Jennifer’s alleged action could attract criminal liability, DUBAWA spoke with legal experts to clarify the issues of criminal liability.
Francis Ochie, a legal officer at Veritas University, explained that section 419 of the Criminal Code pertains to obtaining money under false pretences.
“When you deliberately cajole a person, collect money, and fail to fulfil your promise, it can amount to a criminal matter. For example, if someone gives you money for transportation, and you refuse to show up or refund the money, that may fall under the category of false pretence.”
He added that if the person demands a refund and you deliberately refuse, it strengthens the case.
Similarly, Peter Ineke, a legal practitioner at Goldman Satchette Solicitors, Advocates & General Consultants, said that regardless of the purpose of the money, once consideration (money) has been accepted for an obligation, the recipient is expected to deliver on that obligation.
He noted that the “three cardinal principles of a contract are: Both parties must mutually agree to the terms of the contract (offer and acceptance), there must be consideration (a financial benefit or other form of value), and the contract must be legal.”
In cases where someone accepts money under false pretences, this could amount to fraud, which is a criminal offence under Section 419 of the Nigerian Criminal Code.
However, whether it becomes a criminal case or a civil dispute depends on intent and refusal to refund the money.
Which court has the power to hear such a case?
DUBAWA further asked Francis which court has jurisdiction, and he clarified that “a magistrate’s court can hear such cases if the offence is a misdemeanour and not a felony, meaning the penalty is less than two years’ imprisonment. Felonies or more serious crimes would be taken to a High Court.”
Peter also said the amount involved in most disputes usually determines the court with jurisdiction. The monetary threshold for a Magistrate Court is ₦7 million; cases exceeding this amount are referred to the High Court.
“For example, magistrate courts handle cases below ₦7 million, high Courts handle cases above ₦7 million, disputes involving companies typically go to the High Court or Federal High Court because both have concurrent jurisdiction (they share similar powers),” he noted.
He added that the Court of Appeal hears appeals from both courts and then, finally, the Supreme Court, which is the highest court in Nigeria.
Can a judge of a court speak in an indigenous language during court proceedings?
Francis explained that a magistrate can, in certain situations, use an indigenous language during proceedings.
He clarified that “Customary Courts, Area Courts, and even Magistrate Courts may allow indigenous languages on special occasions, particularly when the parties involved do not understand English.”
However, in the High Court, English is the official language, and it is not acceptable to conduct proceedings in a local language except in scarce circumstances where interpreters are needed.
He emphasised that the primary goal of any court is to ensure fairness and understanding during proceedings.
Peter further supported this by emphasising that the official language of the court is English, and it would be unethical and alien for judgments in Nigerian courts to be read in any language other than English.
However, where a party cannot communicate in or understand English, an interpreter may be provided to ease the process.
He said Area Courts and Customary Courts are more flexible because of the literacy level of the people who appear before them, so indigenous languages are sometimes used to pass specific information.
However, this does not mean the entire proceeding will be in a local language, nor does it extend to reading judgments in indigenous languages.
Conclusion
While collecting money under false pretences can attract criminal liability under Section 419 of the Criminal Code, the actual penalty and court jurisdiction depend on the amount involved and the intent to defraud.
Magistrates’ courts can hear such cases if they fall within their jurisdiction, but judgments must be delivered in English, even if local languages are occasionally used for clarity.
