4 and 5.
The accused person is accordingly discharged and
acquitted on the above counts boarding on theft.
With respect to counts 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21 and 22 boarding on forgery the prosecution must establish
the following ingredients:
(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.
In GARBA v C.O.P. (Supra) the court held that forgery is an act of
fraudulently making a false document or altering a real document
to be used as if genuine.
In the instant case, for the prosecution to secure a conviction, the
prosecution must endeavour to show from the evidence of its
witnesses that the accused person did undertake to forge the
documents in this case (the cheque and the confirmation letters).
It is in evidence that Exhibits A, B, C and G the documents
purportedly forged were written and signed by one Ojeyinka
Omotosho (now at large).
Also the evidence of the accused person DW1 was very clear as
to how he came about the said cheques. Having stated that, the
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