What does the law say?

“Mutilation of the naira is illegal in Nigeria by virtue of Section 21 of the CBN Act and in line with the clean notes policy of the CBN because it can undermine the integrity and value of the currency,” Jerry Alagbada, a Nigerian legal practitioner, tells OkayAfrica. Alagbada defines naira mutilation as, “the intentional defacement or destruction of naira notes or coins. This can include anything from tearing, burning, or writing on currency, to more extreme acts like deliberately altering the appearance of money,”

Fejiro Umukoro, another legal practitioner, tells OkayAfrica that Bobrisky’s six-month sentence without the option of a fine came as a surprise, as it was reported that she entered into a plea bargain with the state.

The offense for which Bobrisky pled guilty to is a misdemeanor, says Umokoro, adding that “although the court acted within the provision of the law by sentencing Bobrisky to six months imprisonment, having regard to the circumstance of the case and the realities in Nigeria, can it be said that the punishment is fair? What is not clear is whether, by the plea bargain, the State and Bobrisky had some form of agreement as to the punishment to be handed down. The court is however not bound to abide by the agreement according to the Administration of Criminal Justice Act (ACJA), 2015.”

Alagbada believes that Bobrisky’s sentence might kill a very important cultural part of owambe, which is spraying money. “However, there are ways to give money to the celebrant without running afoul of the law. Nigerians will have to devise more creative means to ‘support’ the celebrant at a function without breaking the law.” Owambe is a Yoruba term that refers to a Nigerian lavish social gathering or celebration, typically characterized by lively music, dancing, elaborate decorations, and plenty of food and drinks.

The way Umokoro sees it, the punishment handed down by the court is rather harsh. “There is the argument that the punishment is to serve as a deterrent to others according to the ACJA. With respect, the same ACJA in Section 416(2)(a) and (k) admonishes the court to treat each case on its own merit. Sub-paragraph (k) specifically provides that 'sentencing to a term of imprisonment shall apply only to those offenders who should be isolated from society and with whom other forms of punishment have failed, or are likely to fail’,” Umukoro says.

Umukoro wonders what Bobrisky has done to deserve isolation from society, and Alagbada hopes “the prosecution of offenders won’t become selective in nature but will remain all encompassing.”

Queer exceptionalism and a sinister plot for erasure

Ololade Faniyi, a feminist activist and scholar agrees that money sliding is a part of Nigerian culture. “At events we spray money to say, ‘I appreciate you, I like you, I see you.’ When a musician is playing on the stage, he calls people to dance, to spray him money, to say, ‘Show me some appreciation.’ So there’s that synergy between performer or celebrant, and the audience. It’s a whole thing. Politicians also go to parties and spray money. That’s why calling the spraying of money ‘mutilation of naira’ is so anti-culture, it makes no sense,” Faniyi tells OkayAfrica. “The naira mutilation charge is obviously a flimsy one, because other visible Nigerians have been captured on camera spraying money, and they haven’t been arrested.”

Faniyi says that Bobrisky’s is a case of queer exceptionalism. “Nigeria loves exceptional people. You become exceptional and they want to celebrate you.” When you’re an exceptional queer person in a homophobic state, the condition of your acceptance, says Faniyi, is very tricky. “It’s an illusion. You continually have to pander to the state. If you make a mistake once, or the state decides it’s done with you, it’s over, and I think that’s what is at play here. The charge against Bobrisky isn’t about money or naira abuse. It’s about queerness.”

Faniyi insists that Bobrisky’s is a clear-cut case of using a loophole in the law to get rid of exceptional queer people in Nigeria, adding that Nigeria in the coming months is going to not only be an intensely homophobic state, but an intensely carceral state too “And it’s not only going to be targeted toward queer people. It’s also going to be targeted toward activists; toward feminists, who were the very origin of disrupting gender norms. Feminists who said ‘why policeman and policewoman? Why not police officer?’ It was feminists who first fought for gender neutral terms so that we don’t continually look at our world through a masculine lens. This attack isn’t only against queer people, but anyone who dares to subvert gender normativity, to subvert conservative patriarchy. We’re looking at a very dire Nigerian future.”