On February 8, An Area Court in Jos sentenced two traders to three years imprisonment for buying stolen motor spare parts.
The traders, Imirana Samaila and Mohammed Sani were sentenced by Magistrate Thomas Ajitse after they pleaded guilty to a two-charge of conspiracy and buying stolen goods.
According to NAN, the convicts had purchased one gearbox, two block engines and two rims from one Ibrahim Sarajo of Zaria Road.
It was later revealed that the properties were stolen from one Bashir Sani of Angwan Rimi,Jos.
The offence contravened the Penal Code of Plateau Law. they were sentenced to three years imprisonment each for buying stolen motor spare parts.
While delivering judgement, The magistrate noted that the judgement would serve as a deterrent to those who would want to indulge in such criminal acts.
Cases such as this are not exclusive to Plateau, they are reported on Nigerian media platforms daily.
Every Nigerian, by virtue of section 43 of the 1999 constitution is guaranteed the right to own property, and it is the state’s responsibility to ensure that Nigerians’ lives and property are always protected.
Additionally, the right to property is recognized in Article 17 of the Universal Declaration of Human Rights (UDHR), as no one shall be arbitrarily deprived of his property, according to the law.
True life incidents
Another case
On October 28,2022 three Friends were docked before a Grade I Area Court, Kado in Abuja, for allegedly buying stolen goods.
They were charged to court by the police for criminal conspiracy and for receiving stolen property.
The offence contravened provisions of Sections 97 and 317 of the Penal Code.
The defendants, Bello Musa, Abubakar Bihai and Said Suleiman were caught buying iron rods stolen by one Joseph Vincent and Yahaya Bello from someone’s residence.
Upon arraignment, they pleaded not guilty to the charges and were subsequently admitted to bail in the sum of N200,000 each and one surety each in like sum.
Background
Oftentimes, people might want to acquire some products that might be proceeds of a scam unknowingly, which has consequences.
Stolen properties are goods that have been acquired by theft, extortion, robbery, false pretence or other sorts of con. Possession of stolen goods is a crime because fraud has taken place in the process of the acquisition of such property. It is for this reason that the criminal laws of Nigeria’s various states make stealing another person’s property an offense.
How to tell if you’re buying a stolen property
- If the item is priced way below what the expected price is worth, it is most probably a stolen item, or the seller does not know or care to negotiate a deal based on the real value of the product.
- If are not interested in having a conversation about selling the item and the seller just wants a quick exchange, it is most probably a stolen or ill-gotten item.
- When the seller has no answers to questions about the item and they have the main piece of the product without other items like a DVD player with no remote, a Laptop without a charger etc.
- If the seller randomly approaches and you or appear to be concealing the item or are secretive about having the item without publicly advertising it with some sort of unexplained urgency to get rid of it, the property is likely a stolen one.
What the law says about buying stolen properties
Section 427 of the Criminal Code Act in Nigeria says any individual who obtains any property through any act establishing a felony or misdemeanor, or through whatever act performed outside of Nigeria that would have constituted a felony or misdemeanor if done in Nigeria.
Consequently, such offense committed is an offence under the laws in force in place where it was done, knowing the same to have been so obtained, is guilty of a felony.
Except in the case in where the property obtained was postal matter, or any chattel, money or valuable security contained therein in which case the offender is liable to imprisonment for life, the offender is liable to imprisonment for fourteen years if the offence by means of which the property was obtained is a felony.
The offender is liable to seven years imprisonment in any other case different from the aforementioned.
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How to protect yourself from buying stolen properties
- Guarantee that the seller’s identity and contact information are collected and secured. This will be required if questions about the identity of the person who sold the item to him arise.
- Paying in cash should be avoided. It is always preferable to pay through electronic banking platforms to the seller’s account. For each payment made, a receipt must be issued, or the payment must be documented evidence or confirmed in writing.
- Acquire all relevant title documents for the property, such as documents proving previous ownership, if any.· Make certain that the transaction is witnessed by someone who knows both the buyer and the purchaser, or both of them.