We Hold Your Brief

Dear Counsel, In light of recent developments, kindly, shed more light on what constitutes forgery. Many people I know, including my humble self, have had instances where we obtain all sorts of documents in extreme urgency, without bothering to ascertain how genuine or otherwise, such documents are. For instance, each time I travel, I am always reminded at the airport to get a Yellow Card, and I pay N5,000 to someone, who claims to have the connection to obtain the card, and I get it within 5 minutes. I know it may not be genuine, but because I don’t want to have problems with immigration, I pay and get the card.

Each time I want to renew my vehicle particulars, I pay someone who comes to my office. He gets my papers renewed, within 48 hours. I don’t know whether they are genuine or not.

Now, I am worried, because I graduated at the age of 39 and never took part in NYSC. I didn’t think it was necessary to get the so called exempt certificate. With the Kemi Adeosun dilemma, I am now worried. Please, explain what forgery is. C.K. Lagos. Dear C.K., With regard to the NYSC Exempt Certificate, I addressed it in this column a few months ago.

Forgery is generally defined as “the falsely making or materially altering, with intent to defraud, any writing

which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability”.

As for what constitutes forgery under Nigerian law, both the Criminal and Penal Codes which apply in the Southern and Northern parts of Nigeria respectively, prohibit forgery. Sections 463 to 484 of the Criminal Code deal with the crime of forgery and there is a provision for three years imprisonment for forgery, while Sections 362 to 364 of the Penal Code, deal with forgery, with punishment upon conviction of up to 14 years imprisonment with an option of fine or both.

The fact that a majority of the populace, carry out activities in breach of the law, doesn’t make it right, and I advice that, as much as possible, refrain from being persuaded to do anything illegal, as the consequences are dire.