LEGAL PRINCIPLE: CRIMINAL LAW – Forgery – Proof of essential ingredient of forging the document
PRINCIPLE STATEMENT
In a charge of forgery, an essential ingredient to be proved is that the accused person forged the documents in question.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Idowu v. State (1998) NLC-1751997(SC) at p. 5; Paras C–D.
"In a charge of forgery, an essential ingredient to be proved is that the accused person forged the documents in question."
EXPLANATION / SCOPE
Forgery requires proof that the accused forged the document. The principle applies to forgery charges. The prosecution must prove the act of forgery. The rule protects against wrongful conviction. The court cannot assume forgery without evidence. The principle is fundamental.