Legalpedia Citation: (2022-06) Legalpedia 81760 (CA)

In the Court of Appeal

HOLDEN AT GOMBE

Mon May 30, 2022

Suit Number: CA/G/119c/2021

CORAM

JUMMAI HANNATU SANKEY JUSTICE, COURT OF APPEAL

IBRAHIM SHATA BDLIYA JUSTICE, COURT OF APPEAL

EBIOWEI TOBI JUSTICE, COURT OF APPEAL

PARTIES

MOHAMMED ALI BARMA

APPELLANTS

THE STATE

RESPONDENTS

AREA(S) OF LAW

APPEAL, COURT, CRIMINAL LAW AND PROCEDURE, LAW OF EVIDENCE, PRACTICE AND PROCEDURE, WORDS AND PHRASES

SUMMARY OF FACTS

The Appellant, as the 4th Accused Person, was arraigned together with Shettima Abubakar, Suleiman Bukar Madiva and Ahmed Bako, as the 1st, 2nd and 3rd accused persons, respectively, before the Borno State High Court of Justice, Maiduguri, Borno State, on a five (5) counts Charge.

The Appellant and other 3 Accused Persons, pleaded not guilty to all the 5 counts of the Charge. The trial commenced before the lower court. The Prosecution (Respondent) called nine (9) witnesses and tendered documents, which were admitted in evidence in order to prove the commission of the offences contained in the Charge.  The Appellant, peeved by the conviction and sentence by the lower court, filed a Notice Appeal to this court challenging same.

HELD

Appeal Dismissed

ISSUES

1. Whether the respondent adduced credible evidence which proved the commission of the offences of forging of documents, by the appellant as alleged in the 1st, 2nd, 3rd and 4th counts of Charge No. BOHC/MG/CR/63/2019?
2. Whether the respondent has  established the involvement of the appellant in authorizing (making) Exhibit ‘A’, with credible and cogent evidence to warrant his conviction for committing the offence of conspiracy?

RATIONES DECIDENDI

COMMISSION OF A CRIME – WAYS OF PROVING THE COMMISSION OF A CRIME

“There are 3 ways to prove the commission of a crime as enunciated in the case of Lucky vs State (2021) LPELR 53541 (CA) page 88, which are:

a.The confessional statement of the accused person,

b.Through circumstantial evidence,

c.Evidence of an eye witness to the crime.

–PER I.S.BDLIYA, J.C.A

OFFENCE OF FORGERY – WHEN IS THE OFFENCE OF FORGERY ESTABLISHED?

“The offence of forgery is committed or established where an accused person makes a false document and a document is said to be false or fake, if the whole  or part of it is purported to have been made by or on behalf of respondent who did not actually make it or authorized it to be made. See Nathaniel vs State (2019) LPELR 40326 (CA) PP. 9 – 10. The law is trite as espoused in the case of Lambert vs FRN (2021) LPELR. 54672 (CA) that any person who is in possession of a forged document or issues same is guilty of committing the offence of forgery, even though he did not actually make it. PER I.S.BDLIYA, J.C.A

CASES CITED

Not Available

STATUTES REFERRED TO

Evidence Act, 2011

Penal Code Kwara State

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