On the counts of forgery and using as genuine forged documents,
it is the submission that the offence of forgery can be committed
when a person is said to make a false document. To prove the
offence of forgery, the prosecution must establish the following:
(a)
That there is a document or writing
(b)
That the document or writing is forged
(c)
That the forgery is by the accused person
(d)
That the accused person knows that the document or
writing is false.
(e)
That he intends the forged document to be acted upon
to the prejudice of the victim in the belief that it is
genuine.
See AMADI v FRN (2008) 18 NWLR (Pt 1119) 259 at 277 – 278 Paras
H – B.
It is submitted that the document in issue are Exhibits A, B, C and G
and also Exhibits D and F were not written and signed by
Mohammed Abubakar the Account holder, but they were written
and signed by one Ojeyinka Omotosho (now at large). Court is
referred to Exhibit Q the confessional statement of Ojeyinka
Omotosho which is to the effect that he wrote the said forged
documents.
Court is urged to hold that the prosecution has
proved and established a prima facie case against the accused
person in respect of the counts of forgery and therefore the
accused be convicted. See the case of AGWUNA v A.G. OF THE
FED (1995) NWLR 9Pt 396) 418 at 438 Para G – H.
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