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TO PROVE FORGERY

Dictum

It is trite that to prove forgery two documents must be produced that is (1) the document from with the forgery was made and (2) the forged document. In this petition apart from the Exhibits tendered through the subpoenaed witnesses no other document was produced by the Petitioners.

— K.M. Akano, J. Edeoga v Mbah (2023) – EPT/EN/GOV/01/2023

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FORGERY MUST BE STRICTLY PROVED

It is trite law that forgery is a very serious imputation and needs to be pleaded with particularity and proved strictly. – NNAEMEKA-AGU, J.S.C. Finnih v. Imade (1992) Was this dictum helpful? Yes 0 No 0...

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DISTINCTION BETWEEN GRAMMATICAL & CRIMINAL FORGERY

The word forgery is defined as an act of fraudulent making a false document or altering a real one to be used as if genuine. However, in ATUCHUKWU V. ADINDU (2011) LPELR – 3821 (CA), OGUNWUMIJU, JCA (as he then was) drew a distinction between grammatical and criminal forgery and held that the mere speculative...

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HOW TO PROVE FALSIFICATION OF AN ELECTION RESULT

In order to establish falsification of election result, the Petitioner must produce in evidence two sets of results; one genuine and the other false. See: KAKIH v PDP & ORS (2014) LPELR-23277(SC) at pages 51-52, paras. C-C; and NWOBODO v ONOH (1984) LPELR-2120(SC). Indeed, in ADEWALE v OLAIFA (2012) 17 NWLR (Pt. 1330) 478 at...

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FORGED CERTIFICATE – HAS THE CANDIDATE PRESENTED A CERTIFICATE WHICH DOES NOT BELONG TO HIM?

If a person is alleged to have forged his certificate or qualifications or had made false statement to INEC, it must relate to whether he has presented certificates belonging to any other person, dead or alive, which does not belong to him or that he has arrogated to himself qualifications which he does not possess...

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PROVING THE OFFENCE OF UTTERING

Indeed, to establish the offence of uttering, the prosecution must prove that (a) the document/writing was false; and (b) the false document was knowingly and fraudulently uttered. — J.H. Sankey, JCA. Brila Energy Ltd. v. FRN (2018) – CA/L/658CA/2017 Was this dictum helpful? Yes 0 No 0...

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