Under Section 421 of the Nigerian Criminal Code, cheating is described as follows:
“Any person who, by using any fraudulent trick or device, obtains anything that can be stolen from another person or induces someone to give up money or goods, or pay more than they should due to that trick or device is guilty of a misdemeanor and can be imprisoned for up to two years.”
Importantly, anyone caught in the act of cheating can be arrested without a warrant.
What About Cheating on the Penal Code? (Northern Nigeria)
The Penal Code (Section 325), which applies in Northern Nigeria, defines cheating in broader terms:
“Whoever cheats and, by fraud or dishonesty, causes a person to deliver property, or to make, alter, or destroy a document of title, shall be punished with up to seven years imprisonment and may also be fined.”
Further, Section 320 of the Penal Code expands the definition by stating:
A person cheats if:They deceive someone and Fraudulently or dishonestly induce them to deliver property or let someone else keep it, or
Trick someone into doing something harmful to their body, mind, reputation, or property.
Also, dishonest concealment of a fact is treated as deception under this section.
Key Differences Between the Criminal Code and Penal Code.
1. Nature of Property:
Under the Criminal Code (CC),the item obtained must be capable of being stolen while,Under the Penal Code (PC), any property or document of title can be the object of cheating.
2. Means of Committing the Crime:
In the CC, cheating must involve a fraudulent trick or device. While In the PC, cheating involves deception, whether by trick, false representation, or concealment.
Some Notable Cases on Cheating offences.
Lababedi v. Queen (1959) 4 FSC 48
The accused used false invoices and forged vouchers to pay less duty to the Customs Department. This was held to be cheating, as it involved a fraudulent trick.
R. v. Ogbonna (1941) 7 WACA 139
The accused gave someone fake gold trinkets as loan security. Since there was no proof that the accused knowingly faked the trinkets, it was not cheating.
Felix Ireto v. IGP (1959) 4 FSC 57
The accused lied that he had been sent by a police inspector to collect money. The court held that mere falsehood without a trick or device does not amount to cheating.
Aliyu Sambe v. Police (1968) NNLR 27
The accused was convicted for cheating a buyer out of £250. But since the deceit wasn’t specified in the charge, the conviction was overturned.
Akiga v. Tiv Native Authority (1965) NMLR 402
The accused posed as a money doubler and vanished with collected tax money. It was held to be theft, not cheating, because there was no inducement or consent by trick.
Okenyi v. Idoma Native Authority (1964) NNLR 106
A government supervisor used labourers to build his private house. It was ruled not cheating, since the workers were not deceived into thinking it was a government project.
Panamali v. Emperor (India, 1943)
A man received marriage money without revealing the girl was already married. The court held this to be cheating due to fraudulent concealment.
Now we have seen a strong repetFraudulently (Section 17 PC): Doing something with the intent to deceive and gain an advantage or cause loss to another.ition of“Fraudulently” or “Dishonestly” let us examine the meaning as Statutorily provided:
“Fraudulently” (Section 17 PC) means: Doing something with the intent to deceive and gain an advantage or cause loss to another.
“Dishonestly” (Section 16 PC): Doing something with the intent of wrongful gain or loss.
Elements of the Offence of Cheating.
To prove the offence of cheating, these five elements must be present as established in case of Michael Uzoagbo v. COP (2014) 5 NWLR (Pt. 1401) 441.
1. The victim was deceived and gave or allowed someone to keep property.
2. The victim was induced to part with that property.
3. The victim acted based on that inducement.
4. The accused acted fraudulently or dishonestly.
SUMMARY NOTES
Cheating under Nigerian law is a criminal offence involving fraud, trickery, or deceit to obtain something from another person. The difference between how the Criminal Code and Penal Code treat the offence lies mainly in the method (trick vs. deception) and the type of property involved. Courts have consistently emphasized that clear evidence of deceit or fraudulent device is essential for a conviction.
We can end by directly answering the following common questions
What is the punishment for cheating under Nigerian law?
Under Section 421 of the Criminal Code, up to 2 years imprisonment; under Section 325 of the Penal Code, up to 7 years imprisonment plus fine.
Is cheating a criminal offence in Nigeria?
Yes, both the Criminal Code and Penal Code criminalize cheating with varying definitions and penalties.
A close relationship exists between this and the following offences:
And also Official corruption under Section 98
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