2. That they did so with the intention to support a false pretence
and make PW1 part with his property/money.
Hence, in consideration of the offence of forgery the learned
prosecution urged me to bear in mind the pronouncement of the
Supreme Court in the cases of AGWUNA V A.G FEDERATION
(1995) 5 NWLR (pt 396) page 418 paragraph F – G and
PEARCE HENSHAW C.O.P, (1963) 7 ENLR page 122.
In the instant case the prosecution submitted that PW1 testified
and tendered exhibits 1 and 2 which were given to him by the
three Defendants in this case and that all the three Defendants
acknowledged Exhibits 1 and 2 as documents they gave to PW1.
The prosecution also referred me to the testimony of PW2 and
exhibit 5.
In respect of Counts 4 and 6 bothering on using as genuine
exhibits 1 and 2 against the Defendants, the prosecution referred
me to section 366 of the Penal Code Act Cap 532 LFN (Abuja)
1990 and then set out the ingredients of the offence at page 13
of her written address. She submitted that using as genuine a
forged document, the Defendants may not necessarily be the
forger. According to the prosecution, all that is required is that
the Defendants know it to be forged or has reason to believe it is
forged.
In the instant case the prosecution submitted that the Defendants
knew the said allocation letters, (exhibits 1 and 2) were forged.
In conclusion the prosecution urged me to uphold the
submissions of the prosecution and hold the view that the
prosecution has proved its case against the Defendants beyond
reasonable doubt and to accordingly convict them.
Now in order to resolve the contending issues raised in the final
written addresses of parties in this case, I am of the humble view
that the following issue for determination is apt and it will assist
the Honourable Court resolve and determine this case thus:
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