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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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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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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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THOSE WHO WILL BE CHARGED FOR FORGERY – PARTICIPLES CRIMINIS

In Agwuna V AG Federation (1995) 5 NWLR (Pt.396) 418, the Supreme Court per Iguh, JSC held as follows – “It is certainly not the law that it is only the person who manually writes or signs a forged document that may be convicted for forgery of the document. The position of the law is...

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INGREDIENTS THE PROSECUTION MUST PROVE IN ESTABLISHING THE OFFENCE OF FORGERY

In order to prove or establish the commission of the offence of forgery, the following must be proved by cogent and reliable evidence: a. (i) That the accused made, signed, sealed or executed the document in question or any part thereof; or (ii) That it was made by someone else; b. That it was made...

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FORGED DOCUMENT IN INTERMEDIATE STEP IN THE SCHEME OF FRAUD

The law is that where a document was used as an intermediate step in the scheme of fraud in which the accused is involved, if it shown that such a document, was false and was presented or uttered by an accused person in order to gain an advantage, an irresistible inference exists that either the...

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