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)
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If any fact vouched to be true turns out to be false, particularly deliberately false, then in my view the 1st respondent has presented to INEC a forged or false certificate: Dide v. Seleketimibi. — E. Eko JSC. PDP V. Biobarakumo Degi-Eremionyo (SC.1/2020, 13 Feb 2020)
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 accused forged the document with his own hand or procured someone to commit the forgery. It is therefore immaterial who actually forged a document so long as an accused person is a party to the forgery.
— J.H. Sankey, JCA. Brila Energy Ltd. v. FRN (2018) – CA/L/658CA/2017
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 under the circumstances stated in section 363;
c. That the accused mad it dishonestly or fraudulently or with intent that fraud may be committed;
d. That the seal, plate or other instrument was capable of being used for committing forgery;
e. That the accused made or counterfeited it or had it in his possession;
f. That he did as in (b) with the intent that it should be used for committing forgery, or in the case of possession, he knew the same to be counterfeit.
– PER I.S. BDLIYA, J.C.A. Barma v. State (2022) – CA/G/119c/2021
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 516, this Court held that: “To prove falsification of results of an election, two sets of results one genuine and the other false must be put in evidence by the party making the accusation. After putting in evidence the two sets of results, a witness or witnesses conversant with the entries made in the result sheets must be called by the party making the accusation of falsification or forgery of results of the election to prove from the electoral documents containing the results of the election how the results of the election were falsified or made up.”
— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023
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
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 discrepancies but of commission of crimes which must be proved beyond reasonable doubt by the person who makes the allegations.
– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021
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