What a Person Alleging Forgery of a Document Must Prove

CASE TITLE: GARBA V. FRN (2022) LPELR-57199(CA)

JUDGMENT DATE: 25TH MARCH, 2022

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: MUSLIM SULE HASSAN, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the offence of forgery and using forged documents as genuine.

FACTS

This is an appeal against the judgment of the Gombe State High Court delivered by Hon. Justice Abubakar Jauro in Charge No. HC/GM/77C/2020, on the 5th day of October, 2020. The Appellant to this appeal was the Accused person at the trial Court, while the Respondent was the Economic and Financial Crimes Commission which complained on behalf of the Federal Government of Nigeria.

The Appellant was arraigned before the trial Court on the 7th day of May, 2020 on a three count charge on criminal misappropriation, forgery and using forged documents as genuine.

At the close of evidence of both parties, Counsel filed and exchanged written addresses. The trial Court in her considered judgment on the 5th day of October, 2020, acquitted the Accused/Appellant on the first Count of misappropriation of funds but convicted him on the second and third counts of forgery and using forged documents as genuine.

Aggrieved by the decision of the trial Court, the Appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION

The appeal was determined on the following issues viz:

1. Whether the manifest defects on the face of the judgment of the trial Court delivered on the 5th day of October, 2020, in open Court but dated and signed on 5th September, 2020, does not render the said judgment inherently and incurably bad?

2. Whether the Respondent had proved the offences of forgery and using forged document as genuine, both punishable under Section 364 of the Penal Code Law against the Appellant beyond reasonable doubt to warrant the trial Court convicting and sentencing him despite acquitting him of the offence of Misappropriation? 

DECISION/HELD

On the whole, the Court of Appeal dismissed the appeal.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – OFFENCE OF FORGERY: Meaning of forgery; what a person alleging forgery of a document must prove
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF FORGERY: Instance where a party would be held liable to be convicted for the offence of forgery
• JUDGMENT AND ORDER – JUDGMENT OF COURT: Purpose of dating a judgment
• WORDS AND PHRASES – “TO FORGE” “TO TAMPER”: Meaning of the phrases “to forge” and “to tamper”