Impersonation

Impersonation is the act of pretending to be someone else. Section 484 of the Criminal Code Act provides that “Any person who, with intent to defrauds any person, falsely represents himself to be some other person, living or dead is guilty of a felony, and is liable to imprisonment for three years. Also in Section 487 the Act provides that, any person whom a document has been given to certify him for some certain privileges and proceeds to give such document to another with the intention that the other person presents himself as qualified to bear such document is guilty of a felony and liable to imprisonment for three years. For instance a lawyer who gives his stamp to another person to use in impersonating the lawyer is guilty of the above offence. Also any person who lends out their certificates to others for the use of impersonation is also not excluded from punishment, as such person is guilty of a misdemeanor and is liable to imprisonment for three years.
As seen in the above sections of the Criminal Code Act, the law criminalizes and punishes all forms of impersonation done with intent to defraud. The Legal Practitioners Act in Section 22 provides that; subject to the provisions if this section, if any person other than a legal practitioner
a) practices or holds himself out to practice, as a legal practitioner or
b) takes or uses the title legal practitioner or
c) willfully takes or uses any name, title, addition or description falsely implying or otherwise pretends that he is a legal practitioner or is qualified or recognized by law to act as a legal practitioner, or
d) prepares for or in expectation of reward for any instrument relating to immovable property, or relating to or with a view to granting of probate or letters or administration, or relating to or with a view to proceedings in any court or record in Nigeria, he is guilty or an offence and under paragraph (a) of this section subsection or a second or subsequent offence under paragraph (d) of this subsection to a fine of an amount not exceeding N200 or imprisonment or a term not exceeding two years or both, such fine and imprisonment and in any other case to a fine of an amount not exceeding N100.
Case file, with charge number M1/425c/2017, accused one Emmanuel Ojo of two counts of conspiracy and impersonation. The prosecutor told the court that the accused on March 27 2017 announced himself as a counsel while also holding brief in a case with charge number M1/1543c/2016, but was later found out to be an impersonator. The he said offence contravenes Section 516 and 484 of the Criminal Code Cap 38 Vol II laws of Oyo State of Nigeria 2000. Ojo was asked to be sent to prison for 30 months without an option of fine. Impersonation of lawyers is on the increase despite the different measures by the Nigeria Bar Association to curb the menace. I am of the opinion that one of the reasons for this is because the penalty attached to it has not been reviewed over the years. The fine attached to this offence is not enough to deter one who has set out to impersonate as a legal practitioner.

Nkechi Bright Ewere