Two peculiar events have happened within the last few months. One of them happened some weeks back, a couple was returning from Europe and when they arrived at the airport in Nigeria, the wife was seen tearing up her husband's international passport. This event made the news, roused social media, got many people talking and to top it all, earned the couple an invitation for questioning by the Nigeria Immigration Service. They are now currently being investigated.
As for the second event, it happened some months back, a popular social media personality was arrested by the EFCC and sentenced to 6 months imprisonment for spraying naira notes. We highlighted the legal issues from the story in this newsletter which we wrote to you at the time.
What do these two scenarios have in common?
Well first, both acts are criminal offences and secondly, they both involve disregard for National symbols.
Yes, national symbols - the items of identification and representation of a nation, its people, history and value system. Some of the national symbols in Nigeria include - the National flag, national anthem, national emblem (coat of arms), national motto, seal of the president, national currency, national passport etc.
Disregard for National Symbols
Many might not be aware of this but disrespecting some national symbols could be a serious offence. These symbols represent the Nation hence disrespecting them invariably amounts to disrespect to the country.
This isn't only applicable in Nigeria, in many countries around the world, disrespecting national symbols is a punishable offence. For instance, in the United States, you could be fined or imprisoned for not more than a year or both, for knowingly mutilating, defacing or even trampling on the flag of the United States. This offence is punishable under the Flag protection Act.
In India, refusing to sing the national anthem or preventing others from doing so or disturbing an assembly involved in such singing, attracts a term of not more than 3 years imprisonment and/or with a fine. This is contained in Section 3 of the Prevention of Insults to National Honour Act.
Similarly in Nigeria, there are statutes that spell out penalties ranging from fines to imprisonment to be meted out to persons who disregard certain national symbols.
Nigerian Flag
Under the Nigerian Flags and Coat of Arms Act, it is an offence to fly or exhibit the Nigerian Flag in a bad or defaced condition. The penalty is a fine of N100 and in the case of a continuing offence, N10 for each day that the offence continues.
Sometime in March this year, a Bill was a proposed at the House of Representatives for the amendment of the Act to increase the penalty to a fine of N100,000. However, the Bill is yet to be passed.
Nigerian Currency
Under the Central Bank of Nigeria (CBN) Act, it is an offence to deface the Naira either by tampering with, mutilating, matching, spraying, etc, a coin or naira note issued by a bank.
The penalty is imprisonment for a term of not less than 6 months and a fine of not less than N50,000 or both.
National monuments and antiquities
It is an offence to disrespect crafts, artworks, statutes or other objects or sights that serve historical, scientific or cultural interests in Nigeria. The National Commission for Museums and Monuments Act prescribes a penalty of N1,000 or twice the value of such monument (whichever is higher) or to imprisonment for twelve months or to both fine and imprisonment, for the offence of willfully destroying, defacing, altering, removing or excavating any monument.
National Passport
It might come as a surprise to you but there is a Nigerian Passport (Miscellaneous Provisions) Act. The Act enumerates offences and penalties with respect to the Nigerian Passport. Under Section 1(c), it is an offence to tamper, alter or mutilate a passport or any page(s) of it thereof. The offence is punishable with an imprisonment term of not more than 1 year. See Section 1(2).
The Counter Subversion Bill
Sometime in July this year, a Bill was introduced to the House of Representatives known as the Counter Subversion Bill 2024. It provided harsh penalties for Nigerians who refuse to recite the national anthem, destroy national symbols and deface places of worship.
The Bill proposed a fine of N5,000,000 or a 10-year prison sentence or both, for persons who refuse to sing the national anthem or persons found guilty of destroying national symbols.
The Bill was however withdrawn last week by the speaker of the house of representative.
