The above provisions are clear. Here again, learned counsel has also in his address
set out the ingredients of the offence of forgery as follows:
(a)
(b)
(c)
(d)
(e)
That there is a document or writing;
That the document or writing is forged;
That the forgery is by the accused person;
That the accused person knows that the document or writing is false;
That he intends the forged document to be acted upon to the prejudice of the
victim in the belief that it is genuine.
See the case of Amadi V. FRN (2008) 18 NWLR (pt.1119) 259 at 277-278
paras: H-B.
In this case and from the evidence, the document subject of this charge is the
Ministry for Federal Capital Territory, Abuja, Offer of Terms of
Grant/Conveyance of Approval of Statutory Right of Occupancy dated 2nd
September, 1996 in respect of plot 1528 Katampe District, with File No. BN.912,
in favour of Mr. Sunday Ameh Akoh purportedly issued by Department of Land,
Planning and Survey of Ministry for Federal Capital Territory, Abuja. It is in
evidence that the said Offer of Terms of Grant/Conveyance of Approval of
Statutory Right of Occupancy in favour of Mr. Sunday Ameh Ako purportedly
issued by Department of Land, Planning and Survey of Ministry for Federal
Capital Territory, Abuja and admitted in evidence as Exhibits P2 and P17 are
forged. It is also in evidence that the said Exhibit P2 which is the same with
Exhibit P17 was given to the nominal complainant Fredricks E. Itula (PW2) by the
defendant for a consideration of N2, 050,000.00. It is equally in evidence that the
said Exhibit P2 which is the same with Exhibit P17 did not emanate from AGIS
Land Registry and neither was it made and issued by Department of Land,
Planning and Survey of Ministry for Federal Capital Territory, Abuja. It is also in
evidence that the purported original of the said Exhibits P2 and P17 given to PW2
by the defendant, was intercepted by AGIS in the course of PW2 trying to carry
out re-certification of the document. The evidence of PW1, PW2, PW3 and PW4
respectively confirms the above material facts.
Now adverse to the documents defendant gave to PW2 as the right of offer of the
disputed plot, the issuing authority produced Exhibits P12, P24 and P30 (which are
one and the same documents but Exhibit P30 is the original) as the genuine offer of
Terms of Grant/Conveyance of approval of Statutory Right of Occupancy dated
26th October, 1993 in respect of plot 1528 in favour of Mr. Sunday Ameh Akoh,
14