#OBSCURELEGALFACTS by Arome Abu.
Why The Offence Of Advance Fee Fraud Is Colloquially
Called “419”, Yahoo Or “G”.
The term “419” originates from Section 419 of the Nigerian
Criminal Code which prohibits advance fee fraud.
Section 419 states: “Any person who by any false pretence,
and with intent to defraud, obtains from any other person
anything capable of being stolen, or induces any other person to
deliver to any person anything capable of being stolen,
is guilty of a felony, and liable to imprisonment for 3
years.”
The penalty for advance fee fraud is now prescribed by Section 1
of the Advance Fee Fraud Act 2006. The penalty under the Advance
Fee Fraud Act is imprisonment for not more than 20 years and not
less than 7 years without option of fine.
See Section 1 of the Advance Fee Fraud Act.
The scam is usually perpetrated through a letter, fax, or email
sent to someone usually in another country.
While strategies for this offence may differ, in most cases, the
person who receives the mail is informed that he or she could
receive a significant sum of money for “helping” someone to get
funds out of Nigeria.
In 1998 Mr. Emmanule Nwude completed one of the biggest scams in
documented history, impersonating the then Governor of
the Central Bank of Nigeria and successfully convincing a
Director of a Brazilian Bank to “invest” $242 in a new airport in
the nation’s capital, Abuja, in exchange for a $10 million
commission.
The scam led to the eventual collapse of the Brazilian Bank.
It was alleged that Mr. Nwude attempted to bribe Nuhu
Ribadu, then head of the EFCC, with $75,000 cash.
Mr. Nwude was tried, found guilty and sentenced to 25 years
imprisonment.
After the conviction of Nwude, Mr. Ribadu made a refund of $17
million to William Richey, a lawyer representing the defunct
Brazilian Bank.
Arome Abu is the Managing Partner of Abu & Olaniyan
Partners.
CAVEAT: Note that this information is provided for general
enlightenment purposes and is not intended to be any form of legal
advice.
Obscure Legal Facts is an exclusive daily publication of Abu
& Olaniyan Partners.
Plot 108 Idris Gidado Way, Wuye, Abuja.
[email protected][1]
+234 803 262 2359
+234 708 1156 539.
Twitter: @abu_olaniyanLP
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