• Wednesday, September 11, 2024
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BusinessDay

A Nigerian could go to jail for damaging passport and these 3 other documents

A bank is under an obligation to honour a customer’s cheque where the account is in credit

The Nigeria passport is not the only national document that is punishable by law if damaged or destroyed.

Aside from the passport which is issued by the Federal Government through the National Immigration Service (NIS) and serves as identification to access other countries having met other requirements, destruction of court documents is also an offence punishable by the law.

A few days ago, a Nigerian woman identified as Favour Igiebor, was seen in a viral video tearing her husband’s passport at the Murtala Mohammed Airport in Lagos in the presence of travellers after her return from Europe with her husband and children.

Airport officials present however did not take any steps to stop from leaving the airport.

However, in a statement by NIS spokesperson, Kenneth Udo, who confirmed the happening said the Comptroller General of Immigration, K.N. Nandap, had called Igiebor to be summoned for further probe.

If proven guilty of the incident, she would be charged with violating Section 10(b) of the Immigration Act 2015 (as amended), with penalties specified under Section 10(h) of the same Act which read that anyone who “unlawfully alters, tampers with, or mutilates any passport or its pages” or “attempts, aids and abets, counsels, procures, connives, or conspires with another person to commit any of these acts” is “liable upon conviction to a prison term of up to ten years, a fine of two million naira, or both.”

Court documents/evidence

Aside from a passport, destroying court documents such as subpoenas or summons, can lead to legal consequences.

Section 123 of the Criminal Code Act in Nigeria specifies jail terms for any individual found guilty of committing such a crime.

“Any person who, knowing that any book, document, or other things of any kind, is or may be required in evidence in a judicial proceeding, wilfully removes, conceals or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a felony, and is liable to imprisonment for three years”

Naira 

The Nigerian currency also known as the naira is a national symbol governed mainly by the Central Bank of Nigeria Act 2007.

The CBN controls the issuance, distribution, and handling of the naira within the country. 

Abusing the naira, according to section 21 of the CBN Act is punishable by penalties for offenders.

These penalties include fines and imprisonment.

Abusing the naira comes in different ways such as spraying, dancing or matching, defacing the currency.

Section 21 (1) – (3) of the CBN Act reads

“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 to 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 lightened otherwise than by fair wear and tear or has been defaced by stamping, 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 thereby diminished or lightened.

(3) For the avoidance of doubt, spraying of, dancing or matching on the Naira or any note issued by the Bank during social occasions or otherwise howsoever shall constitute abuse and defacing of the Naira or such note and shall be punishable under Sub-section (1) of this section.”

Marriage certificate

Destroying or altering a marriage certificate can lead to legal and relationship complications.

A marriage certificate is a legal document affirming two individuals have been joined together and recognised by the law as a couple and it is seen as a property.

In protecting individuals against Sexual and Gender-Based Violence, Nigeria has legislated the SGBV laws.

With the Violence Against Persons (Prohibition) Act, it has become a crime to destroy any property of another individual to cause the victim pain or nuisance

This is an offence punishable with two years imprisonment or a fine of not more than N300,000.00 or both. 

In addition, it is punishable by the law to merely attempt to commit this offence or to incite or aid another in the commission of this offence. This is punishable with one-year imprisonment or a fine of N200,000.00, or both.

Other national documents or identities punishable by the law for being destroyed or damaged include driver’s licenses, other national means of identification, and government-issued documents.