cheques came from Mohammed Liman the son of the nominal
complainant.
This piece of evidence was not denied nor
controverted by the prosecution.
As stated earlier, it is surprising that the said Mohammed Liman
was never called in by the prosecution. The law is clear that while
it is not necessary for the prosecution to call every available
witness but it is vital and incumbent on the prosecution to call
particular witness whose evidence is material for the resolution of
vital issues as in the instant case. See OGUNZEE v STATE (1998) 5
NWLR Pt 551 at 521.
It is also trite law that on a charge of forgery, it is essential for the
prosecution to prove that the accused person forged the
document in question. In order to make out a prima facie case,
the prosecution needs to call a hand-writing analyst to show that
the handwriting of the person who is alleged to have forged the
document is the same as the one on the forged document where
the supposed alteration was made.
Furthermore, the person
whose handwriting is forged is a material witness; thus, the failure
of the prosecution to call a handwriting analyst and the person or
persons whose writings were mutilated and changed as witnesses
is fatal to its case. See the Supreme Court case of ALAKE v STATE
(1992) 9 NWLR 9Pt 265) 260 at 270.
In the instant case, the prosecution failed to call an handwriting
analyst and Mohammed N. Abubakar whose signature was
purportedly forged.
It should be of note that the prosecution
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