Offence Of Forgery

Forgery generally refers to the making of a fare document; the modification of an existing document, or the unauthorised signing of a signature without authorisation. By provisions of section 465 of the criminal code, a person who makes a false document or writing, knowing it to be false and with intent that it may in any way be used or acted upon as genuine, whether in the State or elsewhere, to the prejudice of any person or with intent that any person may in the belief that it is genuine, be induced to do or refrain from doing any act, whether in the State or elsewhere, is said to forge the document or writing.
For an offence to be forgery, certain ingredients must be found in it;
1. That the accused alters or forges a document
2. That he knew the document to be false
3. That he presented the said document to the other party with the intention that it could be acted upon.
4. That the document was acted upon by the other party to his detriment.
Where the offence of forgery has been established, section 463 of the criminal code provides for three years imprisonment, which s. 362 to 364 of the penal code deals with forgery with punishment of up to 14 yrs imprison with an option of fine.
In Agwna v. A.G. Federation (1995) SNWLR (Pt 876) 418, the Supreme Court held as following:
“It is certainly not the law, that it is only the person who manually writes or signs a forged document that may be convicted for forgery of the document. The position of the law is that all persons who are participles of criminals whether as principals in the first degree or as accessions before or after the fact to a crime are guilty of the offence and may be charged and convicted with the actual commission of the crime.”
This proves the fact that to constitute forgery, the accused need not to have signed the document in person. It is sufficient that he caused it to be signed by another even though the latter is entirely innocent of criminal knowledge or intent. Thus a person is guilty of forgery if he procures its commission. Also, a person may be guilty of forgery in fraudulently signing his name where it is identical, to the name of a person who should have signed, provided that the intent is to have the instrument received as that of the other person and the instrument is of a legal efficacy. Forgery may be said to have been committed by signing one’s name to an instrument intended to be received as that of another, although the names are not identical.
A person must not be shown to have personally forged a document before he can be convicted for the offence of forgery.

Nkechi Bright Ewere