Introduction
Imagine receiving a message from someone claiming to be a government official, promising you a lucrative contract if you pay a small “processing fee.” You send the money, only to realize later that the contract never existed. This is a classic example of obtaining by false pretence, a crime that has become increasingly common in Nigeria.
Obtaining by false pretence refers to deceiving someone to gain money, property, or other benefits under fraudulent circumstances. It is a serious offense under Nigerian law, and offenders can face severe penalties.
Contents
Understanding Obtaining by False Pretence. 1
Common Examples of False Pretence in Nigeria. 2
Consequences of Obtaining by False Pretence. 2
Where to Report False Pretence Cases in Nigeria. 2
Understanding Obtaining by False Pretence
Under Section 1 of the Advance Fee Fraud and Other Fraud Related Offenses Act, obtaining by false pretence is defined as, dishonestly inducing another person to transfer property or money based on false representation.
Elements of the Offense
For an act to be considered as obtaining by false pretence, it must involve:
– A false representation – The offender must make a deceptive claim.
– Intent to defraud – The offender must knowingly deceive the victim.
– Actual loss or damage – The victim must suffer financial or material loss.
So, even if victim did not lose money, but has lost something of value, it can still be obtaining by false pretence. For example, if a victim is made to donate food items on the pretext that it is for charity when it is not, it still falls under the crime of obtaining by false pretence.
Common Examples of False Pretence in Nigeria
– Fake job offers requiring payment for “processing fees.”
– Fraudulent real estate deals where buyers pay for non-existent properties.
– Ponzi schemes promising unrealistic returns on investments.
– Online scams involving impersonation of government officials.
In the case of Akinyemi Idowu Jegede v. Federal Republic of Nigeria, the Court of Appeal upheld the conviction of an individual who deceived victims into purchasing non-existent foreign currency.
Consequences of Obtaining by False Pretence
Under Nigerian law, offenders can face:
– Imprisonment of up to 20 years, depending on the severity of the fraud.
– Fines and asset forfeiture to compensate victims.
– Blacklisting from financial institutions for fraudulent activities.
Where to Report False Pretence Cases in Nigeria
Victims can report fraud to:
– The Economic and Financial Crimes Commission (EFCC).
– The Nigeria Police Force.
– Consumer protection agencies.
Legal Remedies for Victims
Victims of obtaining by false pretence in Nigeria have several legal remedies available to seek justice and recover their losses. The first step is filing a formal complaint with law enforcement agencies like the Economic and Financial Crimes Commission (EFCC) or the Nigeria Police Force, which investigate and prosecute fraud cases. Additionally, courts may order the seizure of fraudulent assets and their return to the rightful owners. Seeking legal representation from a qualified lawyer can help victims navigate the justice system effectively, ensuring they receive fair compensation and hold offenders accountable. Click here to talk to a lawyer.
Conclusion
Many people mistake the offence of obtaining by false pretence as smartness in Nigeria. It is wider than what we all call 419. A relative who deceives his kin to part with money or valuables in the pretext of needing help to pay medical bills is guilty of this crime and can be prosecuted and punished for it. Let the knowledge of this guide us to be on the right side of the law.
FAQs
1. What is the punishment for obtaining by false pretence in Nigeria?
Offenders can face up to 20 years in prison, fines, and asset forfeiture.
2. How can I report a false pretence case?
You can report to the EFCC, Nigeria Police Force, or consumer protection agencies. It is advisable to do this through a lawyer.
3. Can victims recover their money?
Yes, victims can file lawsuits or seek compensation through law enforcement.
4. What are common scams involving false pretence?
In no order, scams include fake job offers, Ponzi schemes, and fraudulent real estate deals.
5. How can I protect myself from fraud?
Verify claims, avoid upfront payments, and report suspicious activities.
We don’t just write to teach you Nigerian law in a simple way, we are your best criminal law lawyers in Nigeria. Feel free to reach our firm on, 08030881289.
Unlawful Arrest and Unlawful Detention in Nigeria
Nice work
Thank you
I want to be doing fake transfer to my friends
Good for you! be ready for prison too
Okay good to go
Please I want to ask if someone sells a land that he already sold to someone falls under this category of false pretense and what’s the consequences for such under law?
Yes, it does fall under obtaining by false pretences