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FORGED DOCUMENT IN INTERMEDIATE STEP IN THE SCHEME OF FRAUD

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Dictum

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

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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 to make him qualified for the office he seek or had presented names that does not belong to him but to another person or that he has lied to the umpire, INEC, on matters in aid of his qualification and above all his intention the mens rea, must be that he had answered names not belonging to him but to another person or had forged his qualifications or age or made false statements in respect of the requirements of the law for purposes that the falsifications should be acted upon by INEC.

– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021

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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)

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WHEN IS THE OFFENCE OF FORGERY ESTABLISHED?

The offence of forgery is committed or established where an accused person makes a false document and a document is said to be false or fake, if the whole or part of it is purported to have been made by or on behalf of respondent who did not actually make it or authorized it to be made. See Nathaniel vs State (2019) LPELR 40326 (CA) PP. 9 – 10. The law is trite as espoused in the case of Lambert vs FRN (2021) LPELR. 54672 (CA) that any person who is in possession of a forged document or issues same is guilty of committing the offence of forgery, even though he did not actually make it.

– PER I.S. BDLIYA, J.C.A. Barma v. State (2022) – CA/G/119c/2021

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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)

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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 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

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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

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