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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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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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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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HE WHO ASSERTS FORGERY MUST PROVE IT

The burden of proving the allegation of falsification and forgery is on the person asserting it, and must be proved beyond reasonable doubt. – Tijjani Abubakar JSC. APC v. Obaseki (2021) 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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FORGERY ARE CRIMINAL AND MUST BE PROVED BEYOND REASONABLE DOUBT

Now, allegations bordering on forgery and/or making of false statement to INEC are not only criminal and grievous but are not matters or things one party alleges and then fold his hand akimbo to see how the other party wriggles out of it. Allegations of forgery and or false statements are not issues of mere...

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