signature on a document is denied or that person who
signed it is not known does not ipso facto render it
inadmissible”
In addition, this court can compare the signatures of the accused
in the various documents including the receipts under Section 101
of the Evidence Act 2011 and draw conclusion. See GBOKO v
STATE (2007) 17 NWLR (Pt 1063) 272 CA where the court held as
follows:
“As was pointed out by the lower court, the above provisions
of Section 108(1) of the Evidence Act (now section 101(1) of
the Evidence Act 2011) gave the court the power to make
the comparison. There is no provision that before the court
can invoke that power parties must first address it”.
It is the duty of the prosecution to establish or prove the charge
against the accused person; this court is satisfied that the
prosecution had discharged the burden placed on it by law. The
prosecutor had established the guilt of the accused person
beyond reasonable doubt, the accused is hereby found guilty on
the five count charge which is Count No. 2 – 5. See NJOKU v
STATE (2013) 2 NWLR (Pt 1339) P. 548 where the court held as
follows:
“it is the duty of the prosecution to establish or prove the
charge/case against an accused person. In other words, it is
the prosecution that bears the burden of proving the guilt of
the accused person. For the court to come to conclusion
14