(366)
whoever fraudulently or dishonestly uses as genuine
any document which he knows or has reason to
believe to be a forged document, shall be punished
in the same manner as if he had forged such
document.
The ingredients to be established by the prosecutor to sustain the
charge under 364 are as follows:
(a)
(i)
That the accused made, signed, sealed or
executed the document in question or any part
thereof or
(ii)
(b)
That it was made by someone else.
That it was made under any of the circumstances
stated in Section 363.
(c)
That the accused made it dishonestly or fraudulently
or with any of the specific intents enumerated in
Section 362.
See also the case of ODUAH v F.R.N. (2012) 11 NWLR Pt 76 where the
Court of Appeal held as follows:
“The offence of forgery can be committed without the element
of fraud. All that needs to be established is that:
(a)
The document is false
(b)
Knowledge that the false document or writing is false.
(c)
Intention that same be used or acted upon as genuine
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