It is in evidence that the said Exhibit P3 purported to have been made and signed
by Mr. Sunday Ameh Ako on 2nd September, 1996, was not made and signed by
him. PW3 testified that he is seeing Exhibit P3 for the first time in court, and he
did not make or sign same. He stated clearly that his signature is on Exhibit P29
which he made to EFCC on 6th July, 2009 and Exhibit P32 which he made to the
Honourable Minister, Ministry of Federal Capital Territory on 2nd November, 1993
as Acceptance of Offer of Grant of Right of Occupancy within the Federal Capital
Territory. It is clear in evidence that the Acceptance signed by Mr. Sunday Ameh
Ako was made on 2nd November, 1993, but not 2nd September, 1996. See Exhibits
P14, P25 and P32 being the genuine and authentic Acceptance of Offer of Grant of
Right of Occupancy within the Federal Capital Territory made and signed by him
on 2nd November, 1993. The evidence of PW1, PW3 and PW4 strengthen the
credibility of the narrative of PW3.
As already stated, it is trite law that where an alleged maker of a document raises
the issue of forgery, the onus is on the person asserting that same was made by the
other person to prove due execution; in other words, where the alleged maker of a
document denied making it, the person alleging that the other is the maker must
prove. See Fatunde V Onwoamanam (supra) 322 at 334. See also the case of
Carlen (Nig.) Ltd V UNIJOS (supra) 631 at 666 para. B. In the instant case
PW3 has denied making and signing Exhibit P3 on 2nd September, 1996 but rather
he only made and signed Exhibit P32 on 2nd November, 1993.
It is equally trite law that to prove falsification (forgery of signature), it is basic
that there must be in evidence two signatures, one of which is labeled genuine, and
the other stigmatized as false. See the Supreme Court case of Sabiya V Tukur
(1983) 11 S.C 109 at 110. See also Section 101 (1) and (2) of the Evidence Act
which empowers the court to carry out comparison of signature, writing, seal or
finger impression with others admitted or proved in evidence in order to ascertain
forgery or otherwise. In the instant case, the document stigmatized as forged is
Exhibit P3 which the alleged maker PW3 said he did not make or sign. PW3 said
what he made and signed is Exhibit P32 which is the same with Exhibits P14 and
P25 but different from Exhibit P3. PW3 also stated that his signature is also in
Exhibit P29 which is also the same signature on Exhibit P32. Upon a comparison
of the signatures on Exhibits P29 and P32 with the signature on Exhibit P3, it is
obvious by the discrepancies between the two signatures that PW3 did not make
and sign Exhibit P3 which is stigmatized as forged and different from Exhibit P32
made and signed by him. Again on this count, there is nothing from the other side
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