The provision of section 368 of the Penal Code under
which the Defendant is charged with the offences in
Counts 1 and 2 states as follows:
“368. Whoever has in his possession a forged
document knowing the same to be forged and
intending that the same shall fraudulently or
dishonestly be used as genuine, shall be punished
with imprisonment for a term which may extend to
fourteen years and shall also be liable to fine.”
In Smart Vs. State [1974] 11 SC 173 @ 186, the
Supreme Court defined forgery as follows:
"In Nigeria, forgery consists of the making of a false
document or writing knowing it to be false and with
intent
that
it
may
be
document."
14
used
as
a
genuine