Thus, therefore, based on the testimonies of PWS 1, 2, 3, and 4
and exhibits 1, 2, 5, 7 (a), 8 (a) & (b) and 9, I hold the view that
the prosecution has proved the ingredients of the offence of
obtaining money under false pretence against the Defendants
beyond reasonable doubt and I so hold.
For the offence of forgery punishable under Section 364 of the
Penal Code LFR (Abuja) 1990, the law is that in a charge of
forgery the prosecution must prove that it was the accused
person that did the forgery. The evidence of the prosecution must
prove specifically that it was the accused person that did the
forgery. See AITUMA V THE STATE, (Supra) and MUHAMMAD
AL-AMEEN AL-HALEEL V FRN (2015) LPELR 25902 (CA).
In the instant case, PW2 testified that exhibits 1 and 2 are not
genuine as they did not emanate from their office. PW2 did not
state whether exhibits 1 and 2 were forged by the Defendants.
The evidence of PWS 1, 3 and including the evidence of PW4, the
investigating officer did not state or testify that it was the
Defendants that forged exhibits 1 and 2. Thus, in the instant
case, it is correct as submitted by the prosecution that exhibits 1
and 2 were forged or not genuine as testified by PWS 1, 2, 3 and
4 but the question is who forged the documents, exhibits 1 and
2? Other essential elements of the offence i.e. that the
Defendants know the document or writing to be false and that the
Defendants intend that the document to be acted upon to the
prejudice of PW1 in the believe that it is genuine, can be
established from the evidence of PWS 1, 2, 3, 4 and the
statements of the Defendants. However, the most critical
ingredients that it was the Defendants that forged the document
or writing is completely absent.
The law therefore is that the prosecution has the responsibility or
onus of proof of all the essential elements of the offence of
forgery as contained in counts 3, 4, 5 and 6 of the charge. In the
instant case, prosecution having failed to prove one of the
essential ingredients and indeed the most important ingredient, I
hold the view that the prosecution failed to discharge the onus of
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