“In case of forgery, it is essential to prove that accused forged
the document in question by calling evidence of persons
whose signatures are alleged to be forged to deny or confirm
that they signed the document”
In the same law report MICHAEL ALAKE v STATE (Supra) his lordship
Kutigi JSC held as follows:
“I agree with Prof. Kasunmu that Ajadi and Lawsweerde were
vital and material witnesses in the case. They were persons
whose signatures were alleged to have been forged. I think
failure to call them to deny or confirm their signatures on the
cheques was clearly fatal to the case of the prosecution; the
evidence of handwriting analyst (PW6) not withstanding. Their
evidence would have settled the point in issue once and for all.
Appellant’s conviction for forgery cannot therefore stand”
Although Exhibit C the subject matter of the forgery tell lies about
itself when compared with Exhibit B, forgery is proved where the lie is
exposed and confirmed. See BABATOLA v STATE (1989) 4 NWLR (Pt
115) 264.
In the instant case, the person whose signature was forged and who
is a vital witness was not called to confirm whether his signature was
forged or not, this court must follow the earlier Supreme Court case
cited. See OGBU v URUM (1981) 4 SC 1 where the Supreme Court
held as follows:
“The doctrine of Stare decisis, that is, follow what has been
decided previously is a corollary of the Common Law System, it
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