committed, commits forgery, and a false document made
wholly or in part by forgery is called a forged document."
"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."
By s. 364 thereof, whoever commits forgery shall be punished with
imprisonment for a term which may extend to fourteen years or with
fine or both. The term "make" a false document includes uttering a
genuine document or writing in any material part, either by erasure,
obliteration, removal, or otherwise; and making any material addition to
the body of a genuine document or writing, and adding to a genuine
document or writing any false date, attestation, seal or other material
matter. See ODUAH v. F.R.N. (2012) LPELR-9220(CA).
The object of
forgery is to cheat others by wrongful acts of make-belief and projecting
as genuine a document the accused knows or ought to know is not
genuine, and it is often calculated to deceive in order to obtain
unmerited and unconscionable favours and benefits to the detriment of
the person to whom the document may be presented.
It has been held
that in order for the offence of forgery to be established, the
prosecution must prove the following essential ingredients beyond
reasonable doubt that: (i) there was a document or writing; (ii) the
document or writing was forged; (iii) the forgery was by the accused
person; (iv) the accused person knew that the document or writing is
false; and (v) the accused intended the forged document to be acted
upon to the prejudice or detriment of the victims in the belief that it
was genuine. See BABALOLA & ORS. V. THE STATE [1989] 4 NWLR (PT.
115) 264 at 277 (per Nnemeka-Agu, JSC; SMART v. THE STATE (1974)
11 SC 173; AWOBOTU v. THE STATE (1976) 5 SC 49; MICHAEL ALAKE
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