Liability For Purchasing a Stolen Phone In Nigeria

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if you buy a stolen phone what happens

Liability For Purchasing a Stolen Phone In Nigeria

By Takim Etta

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Abstract

When people’s phones are stolen, it is almost certain that the missing phone must be sold. Consequently, because people are often eager to obtain items at a discounted rate, they proceed to buy these stolen phones. This article aims to shed light on the liabilities faced by buyers of stolen phones under Nigerian Law. Additionally, it will provide valuable tips on where and how to purchase a phone legally, as well as how to avoid becoming a victim. By outlining the legal consequences and offering practical advice, this article seeks to empower consumers and discourage the purchase of stolen goods.

INTRODUCTION

In light of recent developments, the police in Nigeria have significantly enhanced their tracking facilities to combat the rising menace of phone theft. Consequently, there has been a notable improvement in apprehending those involved in this criminal act. Despite these efforts, the persistent issue lies in the existence of markets where stolen phones are sold. The availability of such markets exacerbates the problem, hindering the reduction of phone theft cases. Surprisingly, those who purchase these stolen phones unwittingly play a substantial role in perpetuating the crime, sometimes more significant than the individuals who accompany the primary culprit. To address this complex scenario, the law has defined specific punishments for these buyers. This article aims to delve into the intricate web of phone theft, providing comprehensive answers to the questions raised above.

When You Buy a Stolen Phone in Nigeria.

Stealing is defined as taking someone else’s property, assets, or things without their permission and with the goal of permanently depriving them of it. In most legal systems, it is considered a criminal offense and is also referred to as stealing. Stealing can entail a variety of items, from physical objects to intellectual property, and it is illegal.

The severity of punishment for phone theft varies based on the individual’s involvement in the crime. Depending on their role, they can be classified as an accomplice, an accessory after the fact, an accessory before the fact, or individuals who received the stolen item.

The offense of stealing is addressed and penalized under Section 383 of the Criminal Code. Furthermore, the Criminal Code elaborates on the punishment for individuals who receive stolen items. Specifically, Section 427 of the Criminal Code outlines three distinct punishments for those involved in receiving stolen goods, depending on the circumstances surrounding the theft.

In cases where the phone was obtained through simple theft, buyers of the stolen phone are liable to face a sentence of seven years of imprisonment as stipulated by the law.

In more serious circumstances, if the stolen phone was obtained through robbery or armed robbery, the buyer of the phone would be subject to a harsher penalty of 14 years of imprisonment under the law.

Even more severe consequences await individuals involved in the purchase of phones stolen within the confines of a post office or during transit from the post office, either by direct theft or with the involvement of a post office agent. In such cases, anyone found guilty of buying such a phone would face a life sentence in prison, reflecting the gravity of the offense.

When Can You Be Held Liable For the Offense of Receiving a Stolen Phone??

Regardless of whether payment was made for the phone or not, the crucial factor determining liability lies in two essential considerations once a person receives a stolen phone. First and foremost, it is imperative to assess the individual’s awareness. The buyer must be aware that the seller does not own the item in question and is attempting to sell something they do not possess legal rights. This knowledge forms the primary basis for holding the buyer accountable.

Secondly, the possession of the phone by the buyer is a key factor to be taken into account. Once these two elements – awareness of the theft and possession of the stolen property – are established, the buyer becomes legally liable for their actions.

Furthermore, how the phone was stolen, as discussed previously, also plays a significant role in determining the appropriate punishment for the offense. This detailed consideration ensures that the punishment is justly administered based on the specific circumstances of the theft.

The law takes into account the location of the phone purchase as a crucial factor. If you acquire a phone from an unconventional source, such as a roadside vendor or a bustling area in Ogbete Market in Enugu where phones are not typically sold, it is automatically assumed that the phone might be stolen, unless proven otherwise. Individuals purchasing phones from suspicious places can be implicated in receiving stolen goods due to the presumption of their knowledge. If you buy a phone in a location that isn’t recognized as a legitimate market, you could face charges for receiving stolen goods. However, these charges might not hold if the circumstances of the case demonstrate that you had no reasonable way of knowing the phone was stolen or didn’t belong to the seller.

However, Section 23 of The Sale of Goods Act provides that if a person Buys a phone from a place where phones are usually sold, there is no way he or she would have noticed that the seller stole the phone or has no authority to sell the phone and that the transaction took place in a recognized business hour. If phones are bought in such circumstances then the buyer of the phone no matter where such phone was gotten or the circumstances would be the rightful owner. (if you buy a stolen phone what happens)

The person whose phone was stolen cannot claim the phone but would go against the seller who sold the stolen phone in the market.

When a person Finds a Lost Phone when a person finds a lost phone, he would not be liable for stealing because he is a finder of chattel.

However where a person finds a lost phone and refuses to contact the owner to return it and decides to permanently keep the phone for himself, by rejecting incoming calls The owner the person would be held liable for stealing.

However, where the phone doesn’t have a SIM card that would connect the phone to the proper owner the person who finds the phone becomes the bonafide owner and the true owner must adduce strong evidence to claim it.

CONCLUSION:
Those who buy phones and other items should be very careful, the manner, place, and price of the purchase of the phone has always been a primary consideration for liability. Citizens are advised to always buy phones in places where phones are bought to avoid going to jail for nothing. Hope this article has answered some of your questions let us know in the comment section and help us share for people to know.

 

References

  1. Marsavelski, A., 2013. Responsibility of Political Parties for Criminal Offences: Preliminary Observations, Challenges and Controversies. Mapping the Criminological Landscape of the Balkans: State of Art in Criminology and Crime with an Expedition into the Criminal Landscape of the Balkans, Max Planck Institute for Foreign and International Criminal Law/Duncker & Humblot, Berlin [2014].
  2. Taylor, R.J., Kirkland, C.L. and Clark, C., 2016. Accessories after the facts: Constraining the timing, duration and conditions of high-temperature metamorphic processes. Lithos264, pp.239-257.
  3. Shaw, O., Morgan, N., Mineva, I., Hoare, J. and Stevenson, R., 2015. Crime and the value of stolen goods. London: Home Office.
  4. Green, S.P., 2011. Thieving and receiving: overcriminalizing the possession of stolen property. New CrimiNal law review14(1), pp.35-54.
  5. Wadden, T.A., 1947. Criminal Law–Receiving Stolen Goods–Elements in the Crime. NCL Rev.26, p.192.
  6. Cromwell, P. and McElrath, K., 1994. Buying stolen property: an opportunity perspective. Journal of Research in Crime and Delinquency31(3), pp.295-310.
  7. Masters, N.C., 1947. The Crime of Receiving Stolen Property Knowing It to Have Been Stolen. S. African LJ64, p.189.
  8. Murray, D.E., 1960. Sale in Market Overt. International & Comparative Law Quarterly9(1), pp.24-52.
  9. Swartz, E.M., 1962. The Bona Fide Purchaser Revisited: A Comparative Inquiry. Bul Rev.42, p.403.
  10. Harris, W.J., 2013. The Title of a Finder in New York. St. John’s Law Review21(1), p.4.
  11. OYEBANJI v. STATE (2015) LPELR-SC.374/2011
  12. Okonkwo and Naish, Nigeria Criminal Law.
  13. MOHAMMED V. THE STATE (1991) LPELR-SC.219/1990
  14. Union and Rock Insurance of Nigeria LTD v. Livinus Onuoha, [1998] 6 NWLR (pt 555) 576

 

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