(d)
To the prejudice of any person or with intent that any
person may in the belief that it is genuine be induced to
do or refrain from doing any act”
To sustain a conviction under Section 366 of the Penal Code, the
prosecutor must establish the following:
(a)
That the accused used a document as genuine.
(b)
That the accused knew or had reason to believe that the
document was forged.
(c)
That he did so fraudulently or dishonestly.
The court is to examine the evidence before it and see whether
same can sustain the two counts charge, the evidence include oral
evidence of PW1 and the seven exhibits tendered in evidence by
PW1, the court has to consider the evidence given by the accused
for his own defence. Exhibit C which had been reproduced by this
court is the subject matter of the forgery.
The person whose signature was alleged to have been forged by the
accused is Andy Isichei, the Managing Director and Chief Executive
Officer of the National Clearing and Forwarding Agency, the
accused in his defence claimed that he did not forge the signature
of Andy Isichei, he further claimed that Andy Isichei signed his
signature in Exhibit C, Andy Isichei whose signature was alleged to
have been forged by the accused person in Exhibit C was not called
to give evidence to confirm whether his signature in Exhibit C was
forged or not. See MICHAEL ALAKE v THE STATE (1992) 11/12 SCNJ
117 at 184 where the Supreme Court held as follows:
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