Falsification

For forgery or falsification of age to be sustained, the documents purportedly forged must be a false representation of genuine documents. This is because it will be preposterous to allege the forgery of a fake or counterfeit document, as rightly submitted by the senior counsel for the 3rd respondent. See the cases of ACB Plc. v. Ndoma Egba (2000) 8 NWLR (Pt. 667) 387 at 401, Adelaja v. Alade (1999) 6 NWLR (Pt. 608) 544 at 558, Ikoku v. Oli (1962) 1 SC NLR 307 and Adewale v. Olaifa (2012) 17 NWLR (Pt. 1330) 478. Under the law, forgery cannot be grounded in respect of a document in the absence of its original. In other words, mere presentation of series of documents by a party, alleging forgery, without pinpointing clearly the original one from the counterfeit cannot establish a case of forgery or falsification of age against the 3rd respondent.

Affidavit evidence would make it virtually impossible for the appellant to prove the allegation of forgery/falsification of age beyond reasonable doubt in the circumstance which would otherwise require proof based on identifiable, cogent and compelling evidence. See Uwagboe v. State (2008) 12 NWLR (Pt. 1102) SC 621 at 647, also Ikenta Best (Nig) Ltd v. A.G Rivers State (2008) 6 NWLR (Pt. 1084) SC 612.

I seek to say at this juncture that the onus of proof on the appellant is in respect of the following ingredients:-
a) That there is a document in writing.
b) That the accused knew the document to be false.
c) That the accused presented the said document to the other party with the intention that it would be acted upon to the detriment of the victim in the belief that it is genuine.
See Smart v. State (1974) 11 SC 173; also Awobuti v. State (1976) 5 SC 49 and Daggash v. Bulama (2004) 14 NWLR (Pt. 892) 144 at 232.