LSP097: Jurisdiction for Advanced Fee Fraud matters

From an unknown number sending a text that your BVN has been blocked to one Mr. Sunday who claimed ‘Chevron’ has given you an employment offer to several formal calculated scams, we live in a time where perpetration of fraud is on a spate. 

The offence of fraud in Nigeria is primarily governed by the Advance Fee Fraud and Other Fraud Related Offences Act. Advance fee frauds are crimes where a person or group of persons is promised a sum of money or any valuables once certain fees are paid in advance. The promise is always given with no intention of materialization. Examples of this scheme are loan scams, employment frauds, impersonation of officials, and the popular 419, among others.

Today’s analysis seeks to answer the court that has the jurisdiction to try advance fee fraud cases. 

By virtue of the provision of Section 1 of the Advance Fee Fraud and Other Fraud Related Offences Act (hereinafter referred to as the Act), any person who by false pretence, and with intent to defraud –

(a)obtain from any other person in Nigeria or in any other country, for himself or any other person induces any other person in Nigeria or in any 

(b)other country to deliver to any persons; or obtains any property, whether or not the property is obtained or its delivery is induced through the medium of a contract induced by the false pretence, is guilty of an offence under the Act.

By virtue of Section 1(3) of the Act, a person who commits an offence under Section 1(1) is liable on conviction to imprisonment for a term of not more than twenty years and not less than seven years without an option of a fine. Thus, this section gives a maximum sentence of twenty years and a minimum sentence of seven years imprisonment, both without an option of a fine.

Based on the statutory provision of Section 14 of the Act and judicial authorities enunciated in  Nweke v. FRN (2019) 10 NWLR (Pt. 1679) and Lawal v State (2020) 14 NWLR (Pt. 1744), the position of law is that Federal High Court or the High Court of the Federal Capital Territory and the High Court of the State have concurrent jurisdiction to try offences and impose penalties under the Act.

Happy new month, readers. Thank you for reading. See you next week.