Appraisal of Nigerian Advance Fee Fraud Legislation 1995

Pages271-277
DOIhttps://doi.org/10.1108/eb025795
Published date01 January 1997
Date01 January 1997
AuthorUche Osimiri
Subject MatterAccounting & finance
Journal of Financial Crime Vol. 4 No. 3 International
Appraisal of Nigerian Advance Fee Fraud
Legislation 1995
Uche Osimiri
INTRODUCTION
Nigeria has been invaded by ingenious and dare
devil fraudsters comprising her own nationals and
aliens.
The proportion and frequency of the activi-
ties of these syndicates in perpetuating organised
economic crimes are alarming not only to Niger-
ian society but to the international community.
The frightening degree of sophistication in the
mode of operation aided by modern communica-
tion gadgets, electronics, telecommunication
equipment such as telex, fascimiles, computers etc
have ensured the speedy commission of criminal
activity.1 Huge sums of money and much property
has been lost2 through dishonest means and
wrongfully acquired by these parasites. This
dangerous trend must be arrested if sanity,
security, confidence and a viable economy arc to
be restored. It is clear that the statutory provisions
governing economic crimes, particularly obtaining3
by false pretences,4 stealing and theft of funds,5
other crimes committed with the aid of forgery,6
offences relating to consumers' fraud in the form
of false advertising, production or supply of sub-
standard goods, tax evasion, fraudulent/fake/dis-
guiscd bankruptcy, over-invoicing, maritime fraud
schemes, falsifying books of account, bank7 frauds,8
false statements made to auditors or inside a com-
pany's prospectus9 and the penalties stipulated
therein arc now inadequate for the containment of
these economic and organised crimes. Therefore,
legislation more punitive, more drastic, even ruth-
less is required to eradicate or save society from
the scourges of crime and express the dislike,
anger, disgust and vengeance of the public. The
piece of legislation styled Advance Fee Fraud and
Other Fraud Related Offences, Decree No. 13
(1995) 'AFFAOFRO', hereinafter called the
'Decree',10 is a remarkable one which wields a
sledgehammer. It is a statute of very strict liability
by virtue of several ranges of stiffer penalties stipu-
lated for the various categories of offences. Below
is an examination of the framework of the more
noteworthy provisions and the resultant impact on
the existing common law, statutory rules and
recommended reforms.
FRAMEWORK OR SCOPE
OF
THE
DECREE
The Decree does not cover every conceivable eco-
nomic crime. It is only the ΌΒΤ' or '419' which
includes obtaining by false pretences11 of any prop-
erty or fraudulent representation of the ability to
double money12 or minting currency notes,13 occu-
pier manager allowing his/her premises to be used
for the purpose of crime14 and ancillary, inchoate15
and other associated offences, that are covered.16
The framework or scope of the Decree is visible in
three perspectives: obtaining property by false pre-
tences, obtaining benefits by false pretences and
money doubling/minting currency notes. The
three deserve critical examination. Cases under the
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