whether the Respondent has established a case of forgery
against the Appellant. Sections 363 and 364 of the Penal
Code read:
“363 whoever makes any false document or part of a
document with intent to cause damage or injury to any
person to part with property or to enter into any express
or implied contract or with intent to commit fraud or that
fraud may be committed, commits forgery, and a false
document made wholly or in part by forgery is called a
forged document.
364
whoever
commits
forgery
shall
be
punished
with
imprisonment for a term which may extend to fourteen
years or with fine or with both.”
The object of forgery is to cheat others by wrongful acts of
make belief as genuine document the accused knows is not
genuine but only calculated to deceive in order to obtain
unmerited and unconscionable favour and benefits to the
detriment of the person to whom the document may be
presented.”
The document alleged to be forged is a Federal Government
Certificate of occupancy with No: 77/77/73 dated 7/8/2001.
In the offence of forgery, the prosecution must prove the following:
1. That there is a document or writing.
2. That the document or writing is forged.
3. That the forgery is by the accused person.
4. That the accused person knows that the document or writing is
false.
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