exists that either the accused forged the document with his
own hand or procured someone to commit the forgery. See
GEORGE
ABEL
SCOTT
VS.
THE
KING
13
WACA
25;
PEARCE HENSHAW VS. COMMISSIONER OF POLICE (1963)
7 ENLR 120 at 122. As it is obvious that it was the appellant
who uttered the forged documents Exhibits A7, A9 and A11
and derived benefit therefrom it goes without saying that he
forged those documents or procured someone to do so. The
failure by the prosecution to call a handwriting expert to show
that by comparing the appellant’s admitted writing and signature
in his written statement to the Police Exhibit A1 and the
disputed signatures on Exhibits A7, A9 and A11 to show that
appellant is the author of the Latter is not fatal to the
prosecution’s case because even if there was such evidence
which is negative, from the special circumstances of this case
it will still be open to the court to draw the inference that the
appellant procured someone else to forge and utter Exhibits
A7, A9 and A11. It is therefore my view that the convictions
of the appellant in Counts 4 and 5 are in order.”
From all of the above, that is upon consideration of the oral and
documentary evidence from the prosecution and the statement of the
defendant, I am of the view that the prosecution has established all the
ingredients of the offence of forgery against the defendant and I so hold.
The
prosecution
has
proved
that
the
defendant
forged
a
Federal
Government Certificate of Occupancy with No. 77/77/73 dated 7/8/2001
which was tendered and admitted as Appendix B annexture to Exhibit 1.
The offence of forgery alleged against the defendant in Count 2 of the
charge has been proved beyond reasonable doubt. I therefore find you
26