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The short answer
'419' is the popular name for obtaining money by deception; the specialised law is the Advance Fee Fraud and Other Fraud Related Offences Act 2006. Obtaining property by false pretence under section 1 carries 7 to 20 years' imprisonment without the option of a fine, and section 11 requires the court to order a convicted person to make restitution to the victim.
Nigerians use "419" for almost any scam, from fake contract letters to romance fraud. In law it has a precise meaning. This guide sets out the offences in the Advance Fee Fraud and Other Fraud Related Offences Act 2006 (AFFA), the penalties, and what a victim can expect if the case reaches court. It is general information from the text of the Act as published by PLAC, not legal advice. The nickname is widely attributed to a section of the older Criminal Code on false pretences; this guide deals with AFFA, the specialised fraud statute that sits alongside it.
The main offences
| Section | Offence (in summary) | Penalty |
|---|---|---|
| 1 | Obtaining property by false pretence, or inducing someone to deliver property, with intent to defraud | Not less than 7 and not more than 20 years, without the option of a fine |
| 2 | Claiming to produce currency from paper or other material, claiming supernatural powers to multiply money, or printing currency without CBN authority | Not less than 5 and not more than 15 years, without the option of a fine |
| 3 | Knowingly allowing premises to be used for an offence under the Act | Not less than 5 and not more than 15 years, without the option of a fine |
| 4 | Fraudulently inviting or inducing a person to visit Nigeria for an offence-related purpose | Not less than 7 and not more than 20 years, without the option of a fine |
| 8 | Conspiring, aiding, abetting, counselling, attempting or inciting an offence | Same punishment as the offence itself |
"Without the option of a fine" matters: a court that convicts under these sections must impose prison, within the range. Section 2 is the one that covers "money doubling" and the claims some spiritualists make; see the facts on money-doubling scams.
Attempts and preparation
AFFA reaches further than completed frauds. Section 5(2) says any act done to facilitate an offence constitutes an attempt. Section 6 makes it an attempt to possess a document containing a false pretence where the holder knows or ought to know of it, which is how people found with scam scripts and fake letters are charged. Section 9(1) allows a person charged with the full offence to be convicted of an attempt instead.
Other parts of the Act
- Money laundering (section 7). Fines for financial institutions and companies of ₦1 million, with forfeiture where they cannot pay; 5 to 10 years for directors, officers and others; and under section 7(5) a fine of ₦500,000 or twice the value of funds transported, whichever is higher, and/or at least 10 years.
- Subscriber information (section 12). Telecoms and internet providers must collect customer details; a subscriber who gives false information faces not less than three years or a fine of ₦100,000, and a provider that fails to collect them faces a ₦100,000 fine and forfeiture of equipment.
- Internet cafés and providers (section 13). They must register with EFCC and keep customer registers; deliberate failure to do so carries not less than three years without an option of fine, plus ₦50,000 a day for continuing offences.
- Courts (section 14). The Federal High Court, the High Court of the FCT and State High Courts can try offences under the Act.
The fine amounts were set in 2006 and have not been indexed, so they look small today. Other laws can be charged alongside AFFA; The Guardian reported in 2023, for example, on two bankers convicted in Abuja on charges brought under the Cybercrime Act 2015.
What a victim can expect from a prosecution
Restitution
Section 11(1) says the High Court "shall order" a convicted person to make restitution to the victim, in addition to other penalties, and where money is involved the order requires repayment of the loss. This is mandatory on conviction. Its value depends on whether the convicted person has assets.
Forfeiture
Section 17 allows forfeiture of suspected proceeds to the Federal Government on EFCC's application, without a conviction. This can stop a fraudster keeping the money even when they cannot be tried, but forfeited property goes to the government, not straight to victims. See whether EFCC or SEC can recover Ponzi losses.
Your role
- You will be a witness. Expect to give a written statement and, possibly, evidence in court.
- Your evidence matters most: transfer receipts, chat logs, call records, the documents you were shown.
- Prosecutions take time. Keep copies of everything and your petition number, and keep your contact details current with the investigating officer.
Steps if you have been targeted
- Stop paying. Advance fee frauds always ask for "one more" fee.
- Report to your bank immediately if you sent money, and ask it to contact the receiving bank; see what to do in the first hour.
- Petition EFCC or report to the police with your evidence; our guide on reporting fraud to the police and EFCC explains how.
- Be wary of anyone who then offers to recover your money for a fee.
Questions people ask
What is the punishment for 419 in Nigeria?
Under section 1 of the Advance Fee Fraud Act 2006, obtaining property by false pretence carries not less than 7 and not more than 20 years' imprisonment, without the option of a fine.
Is 419 the same as advance fee fraud?
In everyday speech, yes. '419' is the popular name for frauds that obtain money by deception; the specialised law that defines and punishes them is the Advance Fee Fraud and Other Fraud Related Offences Act 2006.
Will I get my money back if a 419 fraudster is convicted?
Section 11 of the Act requires the court to order restitution to the victim on conviction. Whether you are actually paid depends on the offender's assets.
Is money doubling a crime in Nigeria?
Yes. Section 2 of the Advance Fee Fraud Act makes it an offence to claim to multiply money by supernatural means, with 5 to 15 years' imprisonment.
Sources
- Advance Fee Fraud and Other Fraud Related Offences Act 2006 (PLAC Laws of Nigeria) · accessed Oct 2026
- The Guardian Nigeria: Examining liability of bankers and customers in unauthorised withdrawals (28 Mar 2023) · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.