How to Save About to Bounce Cheques in Nigeria. DAILY LAW TIPS
(Tip 100)
By Onyekachi Umah,Esq., LL.M, MCIArb (UK)
While there will always be criminally minded persons that will issue dud cheques, there are persons that may genuinely issue cheques that may later bounce without an intention to defraud. Not all dud/bounced cheques were issued with a criminal intent. For this reason, the Nigerian law has created a narrow way for escaping criminal liability for issuing dud/bounced cheques.
In my legal practice so far, I have come across people that have more cheques notes in their briefcase (and cars) than the money in their bank accounts. I had a client in Nigeria, that showed me “shege” with bounced cheques, after reading my publications on bounced cheques. His sister (I couldn’t verify her true status his life) sent my publications to the client, he called me afterwards for a paid meeting on bounced cheques. I gave him awesome ideas and he nodded all through the Zoom meeting. The client claimed he was issued bounced cheques and even showed them to me (but now I know better).
Months later, the client engaged me to handle a case for him and his Indian business partner, they were sued for breach of contract. Aside from the part payment that he paid me before my engaging my services , he issued three (3) post-dated cheques for 3 milestones. Interestingly, days to the maturity date of each cheque this my “Egbon” would send an email and text message to me and my office apologizing for revenue shortfall and then requesting that we don’t present the cheques. As an “informed-badt” guy, he followed each with a Harvard stroke, by sending a part of the sum in the cheque each time. Smartly, he used my tips on me. I probably did not listens to my village masquerade “Ogbodo” that advised I refuse part payments from him. Now, the smart operator has gone off grid with my money. Hence, “Me, I no dey collect post dated cheques again, not even from my Pastor”.
“Oya”, let me show a little of what saved “Mr. Adexxx” from being prosecuted for bounced cheques, hoping you don’t have a criminal intent.
An about to be bounced/dud bank Cheque can be remedied. The issuer of the Cheque should send a countermand order (counter instruction) to his bank ordering it not to place value on such Cheque. He can also sends notice to the Payee not to present the Cheque to any bank.
Reference:
See, Dishonoured Cheques Offences Act, 1977.
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