12 University of Ilorin, which you knew did not make it and thereby committed an offence punishable under SECTION 364 OF THE PENAL CODE ACT CAP. 532 LFN 1990. COUNT TWO: That you Ojo Olufemi on or about the day of December, 2003 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory did fraudulently use as genuine a document titled UNIVERSITY OF ILORIN, STATEMENT OF RESULT NO. 0402773 dated 23rd day of December, 2003 and purportedly signed by Dr. (Mrs.) J.I. Oyebanji which you knew to be forged by delivering same to the Economic and Financial Crimes Commission for the purpose of employment and thereby committed an offence contrary to SECTION 366 and punishable under SECTION 364 OF THE PENAL CODE ACT, CAP 532 LFN 1990. Throughout the trial in this Court, it is not in dispute that the accused person has graduated from the said University of Ilorin. The born of contention here is that he graduated with a third class degree as presented to the Court by both the prosecution and prosecution witnesses, whereas, he presented a Second class Lower Division to the complainant and remain adamant to both the complainant and this Court that contrary to their allegation, he graduated with a second class lower division as he presented and represented to them and to the Court. As it is known and as I have stated and repeated in writing this Judgment, in criminal case the burden is always on the prosecution to prove the guilty of the accused beyond all reasonable of doubt, the issue, which I felt pertinent for the determination of this is: Whether the prosecution has proved the charge of forgery under SECTION 364 OF THE PENAL CODE ACT, CAP. 532 LFN 1990 and whether he has proved the charge of using as genuine contrary to SECTION 366 OF THE PENAL CODE