FORGERY AND UTTERING.
Section 465 of the Criminal Code provides that where a
person knowingly makes a false document or writing:
With the intent that it shall be acted upon as genuine
to the prejudice of any person. OR
That any person may in the belief that it is genuine be
induced to act or refrain from doing an act.
(Whether in Nigeria or elsewhere) is said to forgethat
document.
The ingredients of the offence include:
1. There must be a Document or Writing:
In interpreting Section 463, a document is anything
through which one can communicate an idea (by writing,
printing or other signs capable of conveying a definite
meaning). The language is immaterial so long as it was
made with the intent that it shall be used or acted upon. It
however does not include trademarks or articles of
commerce.
Section 463 defines writing to be an inscription on wood,
stone, paper of other material, a mere signature or mark of
any kind.
In addition to making a false document, forgery can also
occur where a genuine document is altered maybe by
adding, erasing or editing contents.
With the advancement of information technology, this
definition has been put to incorporate electronic and
softcopy documents. Section 8 of the English Forgery and
Counterfeiting Act 1981,Section 359 of the Criminal Law
of Lagos State 2011 andSection 84 and 258 Nigerian
Evidence Act 2011 recognises/includes electronic
documents and computer generated documents to their
definition of documents respectively.
2. Falsity of the document.
Section 464 defines four instances where a document can
be said to be false. What the Section is saying in essence
is that;
1. To tell a lie in a document which is required to be kept
by a lawful authority is forgery. For example, to lie in
birth certificate, marriage certificate, death
certificate, and so on. In Etim V R the accused wrote
an untrue statement in a writ that the order of the
court authorised the sale of the defendant’s property,
this was held to be forgery.
2. If the whole or material part of a document purports to
be made by or on behalf of a person who did not make
it or authorise it or where made by the person, the
time and date have been altered. There is forgery.
3. If the whole or some material part of the document
purports to be made by a person who does not in fact
exist.
4. Forgery can also occur where a document is made by
an existing person in his name but with the fraudulent
intention that it shall pass as being made by some
other person, real or fictitious.
In Nigerian Airforce V James the court observed that the
central theme that runs through the provisions is that the
document must tell a lie about itself. The false statement
must relate to the authenticity of the document.
3. Knowledge of the falsity
The accused should know that the document is false.
In R V Domingo; the accused opened an account with
Barclays Bank in the name of his business DAOT. The bank
requested for some documents and an identity card to
authenticate his identity. The accused also signed a
mandate authorising one Mr James to operate the account.
It was later found that all the characters and signatures
were fictitious and formed by the accused. The court held
that the bank had acted in the belief that the documents
were genuine and it would not have done so but for the
false information on the documents. The appellant was
convicted. See however; Odu V the State, where on
similar facts, the Supreme Court had a contrary opinion.
4. Guilty intent
From Section 465, Meaning that the accused intends that
it shall be acted upon to the prejudice of the victim or that
a person may be induced to do a thing or refrain from
doing a thing in the belief that the document is genuine .
For example; forged document used in obtaining a stall
from allocators-R V Chidozie.
Preparing a document in order to receive money-
FRN V Amadi.
Note Section 23 (bona fide claim of right) may avail a
person. In R V Parker, the accused wrote a letter to his
debtor asking him to pay up purporting that it came from
the war office. He was NOT guilty of forgery since he was
trying to enforce his bona fide claim of right.
Forgery can be demystified by experts as was held
in AlakeV the State that handwriting experts could prove
forgery. Also Idowu V The State.
In conclusion, Section 467 provides a general punishment
of 3 years for forgery. Life imprisonment is provided for
forgery of seals of the federal and state government of
Nigeria. 14 years in other cases of national and legal
interest.
UTTERING
Section 468 provides that it is an offence to knowingly
and fraudulently utter a false document or false seal
whether in Nigeria or elsewhere. The accused shall be
liable to the same punishment as though he had forged the
document in question. E.g. if Tayo fraudulently prepares a
false School Fees Remitta invoice he is said to forge. When
Tayo presents the false invoice in the School Bursary from
clearance, he is said to utter.
“UTTER” is defined in Section 1 to mean using or dealing
with or attempting to deal with or use or act upon the
thing in question. (In this case a forged document)
Fraudulently means that the accused intended that the
document may be used or acted upon as genuine. Or in
such belief one would do an act or be restrained from
doing an act.
In essence, the accused must have uttered a document
which he knows to be false with the intent that it shall be
acted upon as genuine.
Forgery may be complete without any publication or
uttering- Awobutu V the State.
FORGERY AND MACHINES.
Machine and computers are now common-place especially
in commerce and banking activities. Our Criminal Code
does not cover situations of electronic or mechanical
forgery for example making a false ATM card which makes
an ATM machine dispense cash. This may amount to an
offence in some other countries like England
underSection 8 of the Forgery and Counterfeiting Act…
our criminal code should look into this. Although the
prosecution may circumvent the ommission in the Criminal
Code by using the electronic evidence (pursuant
toSection 84 EA 2011) to prove the offence.
