Offence Of Forgery

Section 465 of the Criminal Code Act provides the definition of forgery as thus: “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 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”.
The first element of forgery is that a person must make, alter, use or possess a false writing. Many people think making false writings such as forging letters or certificates is all about forgery, but note that , altering an existing writing may also be forgery, if the alteration is “material” or affects a legal right. For example, forging another person’s signature or document is a material alteration, because it misrepresents the identity of the person who signed the document. Deleting, adding or changing significant portions of a document may also be material alteration, if those changes affect the legal rights or obligations represented in the document.
It is important to note that for a false writing to meet the definition of forgery, the writing must have apparent legal significance. This includes government-issued documents such as drivers licenses, passports, transactional documents such as deeds, conveyances and receipts.
Financial instruments such as currencies, cheques, stock certificates and other documents like wills, patents, medical prescription. Note also, that to have legal significance, the document needs not necessarily be a legal or government issued document as mentioned above, but as long as it affects one’s legal rights and obligation, it has a legal significance.
Section 403 of the Criminal Code provides for 3years imprisonment for forging while Section 362 to 364 of the panel code deals with forgery with punishment of up to 14years imprisonment with option of fine or both.
But it becomes life imprisonment if amongst others the forgery purports to be a document which is evidence of title to public debt of Nigeria or a state in Nigeria or signature of the president or governor. But with all these laid down laws and punishment for offenders, how many people have really been prosecuted?
In our ministries, agencies, parastatals and even the political class, individuals with fake certificates, age declarations, false asset declarations are holding sway and desecrating institutions that should be sacrosanct, not even the continuous biometrics of government have deterred them from these actions.
We are bound to continue to fail as a nation if we do not sanitise the system and make the offenders of the offence of forgery pay for their crime.

Nkechi Bright Ewere