By Kunle Edun

Every Nigerian has the constitutional right to own property and it is the duty of the state to ensure that the lives and properties of Nigerians are always protected. It is for this purpose that the criminal laws of the various states in Nigeria make it an offence for a person to steal another person’s property. The criminal codes of the states in Nigeria define stealing in the context of “A person who fraudulently takes anything capable of being stolen, or fraudulently converts to his own use or to the use of any other person anything capable of being stolen, is said to steal that thing.” See Section 283(1) of the Criminal Code Law of Delta State, Cap C21.

Section 427 of same law defines “Receiving Stolen Property” to mean “Any person who receives anything which has been obtained by means of any act constituting a felony or misdemeanor, or by means of any act done at a place not in the Delta State, which if it had been done in the State would have constituted a felony or misdemeanor, and which is an offence under the laws in force in the place where it was done, knowing the same to have been so obtained, is guilty of a felony.”

There are instances when it is obvious that a property or item being sold can be said to have been stolen. Any person that buys such property will be liable to be prosecuted for the offence of receiving stolen property. Selling a 2013 ML 4Matic jeep for N2,000,000 which ordinarily will go for at least N10, 000.000.00 in the open market will be evidence of receiving a stolen property if it is found out that the vehicle was actually stolen. Moreso, the hurriedness with which the vehicle would be sold, the secrecy of the transaction and the fact that the purported seller is not the documented owner or does not usually trade in such business will call to question the transparency of the transaction.

Safe-guards against buying stolen property

These are some precautions one must take to avoid buying stolen property and thereby avoid a jail term that could be up to 2 years imprisonment with or without the option of fine to wit:

Ensure that the identity and particulars of the seller are collected and secured. This will be necessary when issues arise as to the identity of the person that sold the item to him. Preferably, get copies of the photo-IDs of the seller, his physical and verifiable address and functional contact phone numbers.

Avoid paying by cash. It is always advisable to pay through the electronic banking platforms to the account of the seller. It is also not advisable to pay through an intermediary. For every payment made a receipt must be issued or such payment must be documentarily evidenced or confirmed in writing.

Ensure that the appropriate and open market price is known by the buyer and that the price being offered is not unreasonably too low. Like it is said in pidgin English, cheap article dey run belle. Except one is sure of the seller’s title, run away when the price offered is temptingly too low. It is an invitation to prison.

Verify the genuineness or ownership of the item (if they are electronic gadgets like phones, laptops etc.) by conducting a search on the appropriate product websites. This may help in knowing whether the item has recently been stolen. If it is a vehicle, a thorough search at the Motor Registry and the FRSC office would help in tracing the ownership history of the vehicle.

Obtain all the relevant documents of title to the property including documents evidencing previous ownership, if any.

Ensure that the transaction is witnessed by a person that knows both the buyer and the purchaser or either of them. The witnesses must be someone that does not have a criminal record and must be a habitual liar.

Except one is certain of the true ownership of the items, it is always good to avoid buying second hand laptops, phones and gadgets. Avoid buying from hawkers of these items on the roads. When on the highway the only thing that one can be certain that is not stolen or faked are unpackaged food items.