CRIMINAL LAW — Forgery — False Document — Document Telling a Lie About Itself
Principle Statement
Unlike under English law, forgery under Nigerian law includes a document which tells a lie about itself. The definition under Section 399 of the Criminal Code includes a document made with intent to defraud and defines forgery as making a false document.
Ratio Decidendi (Source)
Per Musdapher, JSC (adopting Nnaemeka-Agu, JSC in Babalola v. The State), in NAF v. Kamaldeen (2007) NLC-123-75-2001(SC) at p. 20; Paras B–D.
"Unlike under English law, it (forgery) includes a document which tells a lie about itself. Also, the definition in Section 399 includes a document made with intent to defraud – again unlike England ... forgery is defined as making a false document."
Explanation / Scope
The Nigerian definition of forgery is broader than its English counterpart. Under English law, forgery requires that the document tell a lie about its maker or the authority by which it was made. In Nigeria, it is sufficient that the document “tells a lie about itself” — that is, the falsehood may relate to the document’s contents, origin, authenticity, or any material aspect. Additionally, intent to defraud is an element, whereas English law has moved away from this requirement. The focus is on the document being “false” in a material sense, rather than merely containing false statements.
