Legal Consequences of Blackmail

Blackmail is considered one of the criminal offenses in Nigeria, and it is an act punishable by imprisonment. The legal system strongly disapproves of such behavior.

What is Blackmail? Blackmail in its literary meaning is defined as an act of demanding money or other benefit from someone in return for not revealing a compromising or damaging information about the person.

Unfortunately, this offense has recently been perceived as a way to quickly gain financial benefits by many. This harmful behavior has affected prominent individuals across various fields, including politics, entertainment, the judiciary, legislature, finance, and even religious institutions.

Blackmail manifests in various forms:

• Sexual blackmail: In this form, the perpetrator holds compromising material, such as nude images, and uses it to extort money or further compromising content from the victim.
• Internet blackmail (sextortion): Here, the perpetrator coerces the victim into engaging in online sexual activities or sharing explicit content, and then demands additional nudity, sex, or money in exchange for not revealing the material publicly .

Blackmailing can extend beyond matters of sex and nudity to encompass having access to someone’s secrets and then demanding something in exchange for not exposing those secrets. In any such circumstance, it constitutes an offense.

The Nigerian law takes a firm stance on blackmail. For instance, in Section 408 of the Criminal Code, the law states that anyone who threatens another under any circumstances as listed by the act, either for an act of commission or an omission, regardless of whether is an offense or not, for the purpose of demanding in return a fee or any of such thing shall be guilty of felony and liable to an imprisonment.Furthermore, Section 376 of the Criminal Code, alike dealt with blackmailing and it provides that any person who publishes, or attempts to publish,  or offers to abstain from publishing or offers to prevent the publication of any defamatory content, for the purpose of extorting money or property in return shall be guilty of felony and liable to an imprisonment of 7years.

The Penal Code, applicable in the  Northern region of Nigeria, also outlines for the punishment for individuals involved in blackmail.

Similarly, when blackmail occurs through the internet, the Cyber Crime Act becomes applicable. For instance in Section 23 of the Act, the Act states that any person who knowingly makes or sends pornographic images from one computer to another by way of an unsolicited distribution shall be liable upon conviction to a term jail of one year or a fine of #250,000 or both. Now Section 24 of the same Act, further icing the cake by providing that where such unsolicited distribution of a pornographic content from one computer to another is so grossly disturbing, of a menacing character, indecent and obscene, then such person upon conviction shall be liable to a jail term of 3 years or a #7million  fine or both. Note also that the punishment and fine is higher where a child is the victim.

Given that blackmailing is a criminal offense in any circumstance, what steps should you take when confronted with such a situation?

1. Stay calm and accept that the situation has already occurred. Instead of dwelling on the past, focus on finding a solution.
2. Seek legal advice promptly by consulting with a lawyer. Your lawyer will guide you on the best course of action, especially if the blackmail is related to a crime or wrongdoing you committed. They can also help restrain the blackmailer and initiate legal proceedings.
3. Avoid paying any money unless it is necessary to buy time or gather evidence for the offender’s arrest. Be cautious not to drain yourself financially. Once you start paying, it can become a continuous cycle.
4. Confide in someone you trust. Sharing your experience can be therapeutic and help alleviate the stress and anxiety caused by the blackmailer.

Remember, if you or your loved ones encounter such a situation, feel free to Mornaiq O&A Solicitors. We specialize in handling such matters and assure you a smooth resolution without unnecessary complications.