10
The prosecution Counsel submitted that this clearly shows the fraudulent intent and
knowledge by the accused who was categorically told by the University authorities that
he was given a third class certificate and not a second class lower.
On Exhibit 7 the affidavit of DW2, the prosecution Counsel submits that, the
witness under cross examination said he was never cited the document sent to EFCC,
which means he doesn’t even know why he was in Court. Moreso, he curiously could not
remember who the Registrar was at the time. The prosecution Counsel argued that, the
witness also admitted that once a document is signed by the Registrar it is authentic.
Thus, the prosecution re-iterate that this confirms his case to be established that since
evidence shows that the statement of result (exhibit G) was not signed by the Registrar, it
is certainly not authentic. He urged this Court to so hold. The prosecution Counsel
argued further that, the University stated that from all available record, the accused
graduated with third class and the accused said he had second class lower it is now the
burden on him to show to this Court how and where he got the second class lower
statement of result. See SECTION 136 (1) OF THE EVIDENCE ACT, 2011. The
prosecution Counsel urged the Court to hold that the accused person forged the document
in line with the earlier cited case of AGWUNA VS A.G. FEDERATION (1995)5 NWLR
(PART 396) 418 AT 438 PARAGRAPHS F – G.
The prosecution Counsel argued strongly that, under cross examination, the
accused identified Exhibit F and admitted that it is the convocation list of the University.
He also admitted that his name falls under third class degree.
According to the
prosecution, the accused further identified Exhibit G as the statement of Result which he
presented toget a job at the EFCC (the forged document). Furthermore, the accused
admitted that from Exhibit F, the transcript, his GPA was 2.04. The prosecution then
urged the Court to take judicial notice of the fact that anyone who has been through the
four walls of a higher institution knows that a G.P.A of 2.04 cannot land one in second
class lower division. 2.04 according to the prosecution is third class. The prosecution