Section 146-160B of the Nigerian Criminal Code Act
Section 146-160B of the Nigerian Criminal Code Act is under Chapter 16 (Offences relating to the Currency) of the Act.
Section 146 of the Nigerian Criminal Code Act
Interpretation
In this Chapter, unless the context otherwise requires‐
“counterfeit” applied to coin, means coin not genuine but resembling or apparently intended to
resemble or pass for genuine coin, and includes genuine coin which has been prepared or altered so as
to resemble or be apparently intended to resemble or pass for a coin of a higher denomination, or
where the coin is that of a foreign sovereign or state, current coin, and also genuine coin which has been
clipped or filed, or the size or weight of which has been otherwise diminished, and which has been
prepared or altered so as to conceal such clipping, filing, or diminution: it includes any such coin
whether it is or is not in a fit state to be uttered, and whether the process of preparation or alteration is
or is not complete;
“current” applied to coins, means any coin of the coins or denominations coined for and lawfully current
in Nigeria, and includes any other coin lawfully current in any other country;
“gold” and “silver” applied to coin, includes producing the appearance of gold or silver respectively by
any means whatever;
“metal” includes any mixture or alloy of metals;
“nickel coin” includes any coin made of metal of a less value than the silver or alloy of silver used in the
silver coin of the country in question, save that it does not include any of the coins of mixed metal
current in Nigeria by virtue of any Act or the provisions of the Coins Act;
[Cap. C16.]
“silver coin” (except where it is used in the definition of “nickel coin”) includes any of the coins of mixed
metal current in Nigeria by virtue of any Act or the provisions of the Coins Act; and
“utter” includes using, dealing with, or acting upon, and attempting to use, deal with, or act upon, and
attempting to induce any person to use, deal with, or act upon the thing in question as if it were
genuine.
Section 147 of the Nigerian Criminal Code Act
Counterfeiting gold and silver coin
(1) Any person who makes or begins to make any counterfeit current gold or silver coin is guilty
of a felony and is liable to imprisonment for life.
(2) Where a person has ten or more unfinished counterfeit coins in his possession the court may
presume that he has made them or has been a participant in the act of making them unless he proves
the contrary.
Section 148 of the Nigerian Criminal Code Act
Preparation for coining gold and silver coin
Any person who‐
(1) gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall
be coined into counterfeit gold or silver coin; or
(2) makes any piece of metal into a fit size or figure to facilitate the coining from it of any
counterfeit gold or silver coin, with intent that such counterfeit coin shall be made from it; or
(3) without lawful authority or excuse, the proof of which lies on him‐
(a) buys, sells, receives, pays, or disposes of, any counterfeit gold or silver coin at a lower
rate than it imports or is apparently intended to import, or offers to do any such thing;
or
(b) makes or mends, or begins or prepares to make or mend, or has in his possession, or
disposes of, any stamp or mould which is adapted to make the resemblance of both or
either of the sides of any gold or silver coin, or any part of either side thereof, knowing
the same to be such a stamp or mould or to be so adapted; or
(c) makes or mends, or begins or prepares to make or mend, or has in his possession, or
disposes of, any tool, instrument, or machine, which is adapted and intended to be used
for marking coin round the edges with marks or figures apparently resembling those on
the edges of any gold or silver coin, knowing the same to be so adapted and intended;
or
(d) makes or mends, or begins or prepares to make or mend, or has in his possession, or
disposes of, any press for coinage, or any tool, instrument, or machine, which is adapted
for cutting round blanks out of gold, silver, or other metal, knowing such press, tool,
instrument, or machine to have been used or to be intended to be used for making any
counterfeit gold or silver coin; or
(e) knowingly conveys out of any mint within the Commonwealth any stamp, mould, tool,
instrument, machine, or press, used or employed in coining, or any useful part of any of
such thing, or any coin, bullion, or metal,
is guilty of a felony and is liable to imprisonment for life.
Section 148A of the Nigerian Criminal Code Act
Unlawful inquiries with the object of making counterfeit coins
(1) Any person who without authority or excuse, the proof whereof lies on him, either orally or
in writing makes any inquiry of any other person whether such last‐mentioned person be in Nigeria or at
any place not in Nigeria‐
(a) as to obtaining or supplying or as to the cost of obtaining or supplying any machine,
stamp, tool, instrument, metal or material which is adapted or is intended to be used‐
(i) to make the resemblance of both or either sides of any current coin or any part
of either side thereof; or
(ii) to mark any coin or disc resembling coin or intended to resemble coin round the
edges with marks, figures or letters apparently resembling those on the edges of
any current coin; or
(iii) to cut round blanks out of metal or other substance,
knowing such machine, stamp, tool, instrument, metal or material to have been adapted or intended to
be used for making any counterfeit coin or for performing any process in the manufacture of counterfeit
coin; or
(a) as to making, obtaining or supplying or as to the cost of making, obtaining or supplying any
counterfeit coin,
is guilty of an offence and liable to imprisonment for one year.
(2) In the case of written inquiries in connection with any of the matters or subjects to which
subsection (1) of this section relates, the fact that such inquiries were reduced into writing shall be
sufficient proof of an attempt to commit the offence and the offender shall be subject to a like penalty
as if he had committed the offence.
Section 149 of the Nigerian Criminal Code Act
Clipping
Any person who deals with any current gold or silver coin in such a manner as to diminish its weight with
intent that when so dealt with it may pass as current gold or silver coin, is guilty of a felony and is liable
to imprisonment for life.
Section 150 of the Nigerian Criminal Code Act
Possession of clippings
Any person who unlawfully has in his possession or disposes of any filings, or clippings of gold or silver,
or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with current gold
or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is
guilty of a felony and is liable to imprisonment for seven years.
Section 151 of the Nigerian Criminal Code Act
Uttering counterfeit current gold or silver coin
Any person who utters any counterfeit current gold or silver coin knowing it to be counterfeit, is guilty of
a misdemeanour and is liable to imprisonment for two years.
A person found committing the offence may be arrested without warrant.
Section 152 of the Nigerian Criminal Code Act
Repeated uttering of counterfeit current gold or silver coin, or possession of several such coins
(1) Any person who‐
(a) utters any counterfeit gold or silver coin, knowing it to be counterfeit, and at the time of
such uttering has in his possession any other counterfeit gold or silver coin; or
(b) utters any counterfeit gold or silver coin, knowing it to be counterfeit, and either on the
same day or on any of the ten days next ensuing, utters any other counterfeit current
gold or silver coin, knowing it to be counterfeit; or
(c) has in his possession three or more pieces of counterfeit current gold or silver coin,
knowing them to be counterfeit, and with intent to utter any of them,
is guilty of a felony and is liable to imprisonment for ten years.
(2) Where a person has ten or more counterfeit coins in his possession, the court may presume
an intent to utter unless he proves the contrary.
Section 153 of the Nigerian Criminal Code Act
Offences after previous conviction
Any person who commits any of the offences defined in sections 151 and 152 of this Code, after having
been previously convicted of any of those offences committed with respect to current coin, or of any
felony committed with respect to current coin, is guilty of a felony and is liable to imprisonment for life.
Section 154 of the Nigerian Criminal Code Act
Counterfeiting nickel coin
Any person who‐
(a) makes, or begins to make, any counterfeit current nickel coin; or
(b) without lawful authority or excuse, the proof of which lies on him, knowingly makes or
mends, or begins, or prepares to make or mend, or has in his possession, or disposes of,
any tool, instrument, or machine, which is adapted and intended for making any
counterfeit current nickel coin; or
(c) buys, sells, receives, pays, or disposes of, any counterfeit current nickel coin at a lower
rate of value than it imports, or was apparently intended to import, or offers to do any
such act,
is guilty of a felony and is liable to imprisonment for seven years.
A person found committing the offence may be arrested without warrant.
Section 155 of the Nigerian Criminal Code Act
Uttering base nickel coin
(1) Any person who‐
(a) utters any counterfeit current nickel coin, knowing it to be counterfeit; or
(b) has in his possession three or more pieces of counterfeit current nickel coin, knowing
them to be counterfeit, and with intent to utter any of them,
is guilty of a misdemeanour and is liable to imprisonment for one year.
A person found committing the offence may be arrested without warrant.
(2) Where a person has ten or more counterfeit coins in his possession, the court may presume
an intent to utter unless he proves the contrary.
Section 156 of the Nigerian Criminal Code Act
Defacing coin by stamping words thereon
Any person who defaces any current coin by stamping thereon any name or word, whether the weight
of the coin is or is not thereby diminished, is guilty of a misdemeanour and is liable to imprisonment for
one year.
A person found committing the offence may be arrested without warrant.
Section 157 of the Nigerian Criminal Code Act
Uttering foreign coin, medals, etc., as current coin with intent to defraud
Any person who, with intent to defraud, utters as and for current gold or silver coin‐
(a) any coin which is not current coin; or
(b) any metal or pieces of metal, whether a coin or not, which is of less value than the
current coin as and for which it is uttered,
is guilty of a misdemeanour, and is liable to imprisonment for one year.
A person found committing the offence may be arrested without warrant.
Section 158 of the Nigerian Criminal Code Act
Exporting counterfeit current coin
Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on
board of a vessel or vehicle of any kind for the purpose of being exported from Nigeria, any counterfeit
current coin whatever, knowing it to be counterfeit, is guilty of a felony and is liable to imprisonment for
fourteen years.
A person found committing the offence may be arrested without warrant.
Section 159 of the Nigerian Criminal Code Act
Unlawfully importing counterfeit coin
Any person who without lawful authority or excuse, the proof of which lies on him, imports or receives
into Nigeria any counterfeit coin whatever, knowing it to be counterfeit, is guilty of a felony and is liable
to imprisonment for fourteen years.
A person found committing the offence may be arrested without warrant.
Section 160 of the Nigerian Criminal Code Act
Tender of defaced coin not legal tender: penalty for uttering
Any person who utters any current coin which is defaced by the stamping of any name or word thereon,
is guilty of an offence and is liable to a fine of four naira.
A prosecution for any such offence cannot be commenced without the consent of a law officer. A tender
of payment in money made in any coin so defaced is not a legal tender.
Section 160A of the Nigerian Criminal Code Act
Making, issue and circulation of promissory notes payable to bearer on demand, without
authority
Any person, other than the Central Bank of Nigeria, who makes or issues within Nigeria promissory
notes payable to bearer on demand or circulates within Nigeria any promissory note
payable to bearer on demand, is guilty of a misdemeanour and liable on conviction to a fine equal to
double the value of any promissory note unlawfully made, issued or circulated or to imprisonment for a
term of twelve months, or to both such imprisonment and fine.
[L.N. 112 of 1964.]
Section 160B of the Nigerian Criminal Code Act
Portrayal of Nigerian notes and coins
Any person who, without the written permission of the Minister of the Federation charged with
responsibility for matters relating to finance, makes or sells, or exposes or offers for sale, or uses for the
purpose of advertising any material or document on or in which is portrayed a note or coin in any way
resembling a currency note, bank note or coin current in Nigeria, is guilty of a misdemeanour and is
liable to imprisonment for one year or to a fine of two hundred naira.
[49 of 1960.]
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