“When the Court has to form an opinion upon a
point of foreign law, customary law or custom, or
of science or art, or as to identity of handwriting
or finger impressions, the opinions upon that point
of persons specially skilled in such foreign law,
customary law or custom or science or art, or in
questions as to identity of handwriting or finger
impressions, are admissible.”
See also SENATOR OMISORE V RAUF AREGBESOLA, (2015)
LPELR 24803 (SC).
In the instant case therefore, the evidence of PW4 has not been
discredited by the Defence. Hence by the Defendant signing
documents marked X and XI, amounts to forgery and the forgery
was done by the Defendant and the Defendant knew that he was
not Lamar Abba Gana. Thus, the Defendant forged the documents
to be acted upon and indeed PW2, Maryam Buba purchased the
plot L84 Dape, District on the basis of the forged documents and
PW2 also sold to one Okike Godwin Uchechukwu (deceased) from
whom exhibit 7 was retrieved by PW3.
And as I said earlier, by the evidence of PWs 1, 4, 5, 6 and 7 and
exhibits 2 and attached documents marked X and XI, A – A5, and
B – B5, the author of exhibits 6, 6(a) and 6(b) is the author of
documents marked X and XI attached to exhibit 2 while the
author of documents marked B – B5 is the same person with the
signature on exhibit 9, that is Lamar Abba Gana, the husband of
PW7. I also take judicial notice of the passport photograph on
exhibit 7 to be the passport photograph of the Defendant
standing trial in this case before this Honourable Court.
Thus, by the avalanche of evidence adduced by the prosecution
especially the testimonies of PWs 1, 2, 3, 4, 5, 6 and 7 and
exhibits 2, 4, 6, 6(a), 6(b), 8 and 9, I hold the view that the
prosecution have successfully established all the elements of the
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