UTTERING OF DOCUMETS : A CRIMINAL OFFENCE

The essence of this discussion is to educate my readers on the risk involved in Uttering because it is common among this generation, some do it for fun, ignorantly and some for money.
Please note that ignorance is not an excuse in law,
you will account for everything done intentionally or by accident be informed.

Section 468-470 of the Criminal Code cap 44 (UTTERRING, FALSE DOCUMENTS AND FRADULENT SEALS)

 

Any person, who knowingly and fraudulently utters a false document or writing, or a counterfeit seal is guilty of an offence of the same kind, it is immaterial whether the false document was made in Nigeria or elsewhere any person found with such shall be dealt with.

The criminal code define ‘fraudulently’ as an intention that the thing in question shall be used or acted upon as genuine, whether in Nigeria or elsewhere, to the prejudice of some persons whether a particular person, or not shall in the belief that the thing in Nigeria is genuine, be induced to do or refrain from doing some act whether in Nigeria or elsewhere.

A person is said to make false document when he dishonestly or fraudulently makes,signs, seals or execute a document or part of a document with the intent of causing it to be believe that such document or part of a document was made ,signed or executed by the authority of a person by whom or whose authority he knows that it was not made, signed or sealed at that time.

In UKPE V. STATE (2002) FWLR it was held that forgery is committed when a forged document is fraudulently presented with the intention that it should be acted upon as genuine by a third party who so acts upon it, guilty knowledge is an ingredient of the offence.

Uttering is an offence known to law anyone found guilty will be convicted with a term of imprisonment, say NO to uttering of document.

Thank you.

OYENIKE ALLIYU-ADEBIYI LLB(HONS)BL