Fake Memos Aren’t Just Mischief, They’re a Crime Under Nigerian Law

Introduction

Recently, a memo circulated online claiming that the National Youth Service Corps (NYSC) would not pay corps members for August. The reaction was instant: many young people panicked, some rushed to social media to complain, while others began tagging government accounts for clarification.

At first glance, the memo looked convincing. It carried the Vanguard logo, used a bold heading, and had the appearance of a genuine press release. However, closer inspection revealed several flaws. The word “Vanguard” was misspelled as “Vangurrd,” the memo carried the wrong date, and the formatting was inconsistent with the style in which Vanguard typically publishes its reports.

To the creator, this may have seemed like a harmless prank or an opportunity to stir online controversy. But in law, producing or sharing fake memos is far from harmless.

Fake News and the Cybercrimes Act

Nigeria has recognized the dangers posed by fake information in the digital age and has legislated against it. One of the most important laws in this regard is the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015.

Section 24(b) of the Act provides that any person who knowingly publishes false messages online with the intention of causing annoyance, inconvenience, or needless anxiety commits an offence. The penalties are severe: a fine of up to ₦7,000,000, imprisonment of up to three years, or both.

This means that a fake memo such as the one targeting NYSC could expose its creator not just to public backlash, but also to prosecution and possible imprisonment.

Defamation as a Risk Beyond Cybercrime

The matter does not end with cybercrime legislation. Fake publications can also give rise to defamation claims. Defamation occurs when a false statement is published that lowers the reputation of another person or institution in the eyes of the public.

In this instance, Vanguard Media Limited could pursue an action because the fake memo suggests negligence and unreliability on its part. Similarly, the NYSC could claim damages on the grounds that the memo undermined its credibility, eroded public trust, and portrayed the institution as financially unstable.

Under Nigerian tort law, successful defamation claims can result in monetary compensation for the party whose reputation has been harmed. Thus, beyond criminal sanctions, the author of a fake memo could also be held civilly liable.

Why People Fall for Fake Memos

Part of the reason fake memos spread so rapidly lies in poor media literacy. Many individuals do not take the time to verify information before sharing it. Once a document looks official enough, it is forwarded without question.

Another factor is the perceived credibility of social media. People are more likely to trust information shared by friends, influencers, or WhatsApp groups, without checking official websites or credible news outlets. This misplaced trust enables fake memos to gain traction and cause widespread panic.

Real-Life Examples

The NYSC case is not an isolated incident. Nigerians have in recent years encountered fake government circulars announcing false public holidays, fabricated memos from the Central Bank of Nigeria concerning naira redesign deadlines, and false statements attributed to political figures during elections.

In each case, the intent has been to mislead the public, manipulate emotions, or draw attention. Regardless of the motive, the legal consequences remain serious. Such acts are not treated as jokes; they are treated as crimes.

Conclusion

In today’s digital age, false information spreads far more quickly than the truth. A fake memo might appear harmless or even humorous to its creator, but the law views it differently. Between the provisions of the Cybercrimes Act, 2015, and the principles of defamation under Nigerian tort law, anyone who creates or shares false publications risks both criminal prosecution and civil liability.

The next time you encounter a suspicious memo or news item, pause and verify its authenticity through official channels. By doing so, you protect yourself not only from embarrassment but also from potentially grave legal consequences. What might seem like a harmless attempt to “go viral” could very well result in criminal liability.

Reference 

Cybercrimes (Prohibition, Prevention, etc.) Act, 2015. Available at: https://www.nfiu.gov.ng/images/Downloads/downloads/cybercrime.pdf

This article is authored by Angela Azulu, Law Student from Nigeria & Trainee of Lets Learn Law Legal Research Training Programme. The views and opinions expressed in this piece are solely those of the author.