5
According to the prosecution Counsel, SECTION 46 OF THE EFCC ACT lists a
catalogue of offences that constitute “economic and financial crimes”. However, the
use of the phrase “et cetera”, which simply means “and so on”, in the section, connotes
the elasticity and in exhaustiveness of the list. This implies in effect that “economic and
financial crimes” could include other criminal offences, although not listed specifically,
but which in the opinion of the commission may constitute “economic and financial
crimes”.
The prosecution Counsel postulates that by SECTION 363 OF THE PENAL
CODE, all that he is required to show is that there is a document in writing (the statement
of result) and the forgery is by the accused person and that the accused person knows the
document was forged. See AWUNE VS STATE (1995) NWLR (PART 516) 418 AT
438. Thus, having proved beyond reasonable doubt that the document presented by the
accused person (Exhibit G) and which was examined by an expert, and which was not
signed by PW2 being the authorized officer, but was used by the accused person to
commit fraud, the onus now shifts to the accused to show that the document was indeed
made by PW2 and that the document is not a “he”. The prosecution Counsel urged the
Court to hold that he proved the offence of forgery against the accused person.
USING AS GENUINE: SECTION 366 OF THE PENAL CODE.
This offence is contained in the second count of the charge. The prosecution
Counsel submitted on this count that the purport for which Exhibit G was forged by the
accused person was to be used and indeed was used as genuine. This, the accused person
achieved when he presented Exhibit G, which actually is a “lie” in order to get a job. He
presented it as though he actually graduated with a second class lower, knowing full well
that he graduated with a third class.
In charge of using as genuine, the presenting Counsel submitted that he must prove
that: -