Section 463-479 of the Nigerian Criminal Code Act

Section 463-479 of the Nigerian Criminal Code Act

Section 463 to 479 of the Nigerian Criminal Code Act is under Chapter 43 (Forgery in general) and Chapter 44 (Punishment of forgery and like offences) of the code.

CHAPTER 43 – Forgery in general: definitions

Section 463 of the Nigerian Criminal Code Act

Definitions

In this Division of this part of this Code unless the context otherwise requires
[L.N. 112 of 1964.]
“bank note” includes any negotiable instrument issued by or on behalf of any person or
corporation in any part of the world, or issued by the authority of any State, province, or government,
and intended to be used as equivalent to money, either immediately on issue or at any time afterwards:
it also includes a bank bill or bank post bill, currency note or any note (by whatever name called) which
is legal tender in the country in which it is issued;
document” includes a register or register‐book, or part of either, and any book, and any paper,
parchment, or other material whatever, used for writing or printing, which is marked with any letters or
marks denoting words, or with any other signs capable of conveying a definite meaning to persons
conversant with them; but does not include trade marks on articles of commerce;
seal” includes any stamp, die, or other thing, of whatever material, from which an impression
can be taken by means of pressure, or of ink, or by any other means;
writing” includes an inscription on wood, stone, metal, or other material; it also includes a
mere signature and a mark of any kind.

Section 464 of the Nigerian Criminal Code Act

Further definitions

A document or writing is said to be false‐
(a) in the case of a document which is a register or record kept by lawful authority, or any entry in
any such register, or which purports to be issued by lawful authority as testifying to the contents
of any register or record kept by lawful authority, or as testifying to any facts or event, if any
material particular stated in the document is untrue; or
(b) if the whole or some material part of the document or writing purports to be made by or on
behalf of some person who did not make it or authorise it to be made, or if, in a case where the
time or place of making is material, although the contents or writing is made by or by the
authority of the person by whom it purports to be made, it is with a fraudulent intent falsely dated as to
the time or place of making; or
(c) if the whole or some material part of the document or writing purports to be made by or on
behalf of some person who does not in fact, exist; or
(d) if the document or writing is made in the name of an existing person, either by that person
himself or by his authority, with the fraudulent intention that it should pass as being made by
some person, real or fictitious, other than the person who makes it or authorises it to be made.
A seal or mark is said to be counterfeit if it is made without lawful authority, and is in such form as to
resemble a genuine seal or mark, or, in the case of a seal, in such a form as to be capable of producing
impressions resembling those produced by a genuine seal.
A representation of the impression of a seal is said to be counterfeit if it is not in fact made by the seal.
The term “resemble“, applied to anything, includes the case where the thing is made to resemble, or is
apparently intended to resemble, the object spoken of.

Section 465 of the Nigerian Criminal Code Act

Definition of forgery

A person who makes a false document or writing knowing it to be false, and with intent that it may in
any way be used or acted upon as genuine, whether in the State or elsewhere, to the prejudice of any
person, or with intent that any person may, in the belief that it is genuine, be induced to do or refrain
from doing any act, whether in the State or elsewhere, is said to forge the document or writing.
A person who makes a counterfeit seal or mark, or makes an impression of a counterfeit seal knowing
the seal to be counterfeit, or makes a counterfeit representation of the impression of a genuine seal, or
makes without lawful authority an impression of a genuine seal, with intent in either case that the thing
so made may in any way be used or acted upon as genuine, whether in the State or elsewhere, to the
prejudice of any person, or with intent that any person may, in the belief that it is genuine, be induced
to do or refrain from doing any act, whether in the State or elsewhere, is said to forge the seal or mark.
The term “make a false document or writing” includes altering a genuine document or writing in any
material part, either by erasure, obliteration, removal, or otherwise; and making any material addition
to the body of a genuine document or writing; and adding to a genuine document or writing any false
date, attestation, seal or other material matter.
It is immaterial in what language a forged document or writing is expressed.
It is immaterial that the forger of anything forged may not have intended that any particular person
should use or act upon it, or that any particular person should be prejudiced by it, or be induced to do or
refrain from doing any act.
It is immaterial that the thing forged is incomplete or does not purport to be a document,
writing, or seal, which would be binding in law for any particular purpose, if it is so made, and is of such
a kind, as to indicate that it was intended to be used or acted upon.

Section 466 of the Nigerian Criminal Code Act

Certain matters immaterial

In the case of an offence which involves the forging or uttering of a document or writing relating to the
payment of money, or to the delivery or transfer of any property, or to the creation or performance of
any obligation, it is immaterial in what country the money or property is, or purports to be, payable,
deliverable, or transferable, or the obligation is or purports to be, an obligation to be performed; and, if
the money or the property purports to be payable, deliverable or transferable or the obligation purports
to be an obligation to be performed in some country out of Nigeria, it is immaterial whether the
document or writing is under seal or not.

Section 467 of the Nigerian Criminal Code Act

CHAPTER 44 – Punishment of forgery and like offences

Any person who forges any document, writing, or seal, is guilty of an offence which, unless otherwise
stated, is a felony, and he is liable, if no other punishment is provided, to imprisonment for three years.

Punishment in special cases

Public seals, etc.
(1) If the thing forged‐
[L.N. 112 of 1964, 1976 No. 27.]
(a) purports to be, or is intended by the offender to be understood to be, or to be used as, the
public seal of Nigeria or of any State of Nigeria or the great or privy seal of any country of the
Commonwealth or under the protection of a Commonwealth country, or the seal of the
President, or a Governor of a State; or
(b) is a document having on it or affixed to it any such seal, signet, or sign manual, or anything
which purports to be, or is intended by the offender to be understood to be, any such seal,
signet, or sign manual,
the offender is liable to imprisonment for life.

Securities, titles, register, etc.
(2) If the thing forged purports to be, or is intended by the offender to be understood to be or to
be used as, any of the following things‐
(a) a document which is evidence of title to any portion of the public debt of Nigeria or of any State
thereof or of any other country, or to any dividend or interest payable in respect of any such
debt, or a transfer or assignment of any such document, or a receipt or certificate for any
interest or money payable or accruing on or in respect of any such public debt;
(b) a transfer or assignment of a share in any corporation, company, or society, whether domestic
or foreign, or of any share or interest in the capital stock of any such corporation, company, or
society, or in the debt of any such corporation, company or society, or a receipt or certificate for
any interest or money payable or accruing on or in respect of any such share, interest, or debt;
(c) a document acknowledging or being evidence of the indebtedness of the Government of Nigeria
or of the government of any other country;
(d) a document which by the law of Nigeria, or any other country is evidence of the title to any land
or estate in land in Nigeria or that other country, or an entry in any register or book which is
such evidence;
(e) a document which by law is required for procuring the registration of any title to any land or
estate in land;
(f) a testamentary instrument, whether the testator is living or dead, or a probate or letters of
administration, whether with or without a will annexed;
(g a bank note, bill of exchange, or promissory note, or an acceptance, endorsement, or
assignment, of either;
(h) a deed, bond, or writing obligatory, or a draft, warrant, order, or other security for the payment
of money, or for the delivery or transfer of a valuable security, or for procuring or giving credit,
whether negotiable or not, or an endorsement or assignment of any such document;
(i) an accountable receipt, or an acknowledgement of the deposit, receipt, payment or delivery, of
money or goods, or of any valuable security, or an endorsement or assignment of any such
document;
(j) a bill of lading, dock warrant, warehouse keeper’s certificate, warrant, or order for the delivery
of goods, or any other document used in the ordinary course of business as proof of possession
or control of goods, or as authorising, or purporting to authorise, either by endorsement or by
delivery, the possessor of the document to transfer or receive the goods represented by the
document, or an endorsement or assignment of any such document;
(k) a charter party, or a shipping document accompanying a bill of lading, or an endorsement or
assignment of either;
(I) a policy of insurance of any kind;
(m) a power of attorney or other authority to execute any such document as is mentioned in this
section of this Code;
(n) the signature of a witness to any of the documents mentioned in this section to which
attestation is by law required;
(o) a register of births, baptisms, marriages, deaths, or burials, authorised or required by law to be
kept, or any entry in any such register;
(p) a copy of any such register or entry as last aforesaid, which is authorised or required by law to
be given or sent to or by any person;
(q) a seal by a registrar appointed to keep any such register as is hereinbefore mentioned, or the
impression of any such seal, or the signature of any such registrar,
the offender is liable to imprisonment for fourteen years.

Documents relating to revenue and acts of States, etc.
(3) If the thing forged purports to be, or is intended by the offender to be understood to be or to
be used as, any of the following things‐
[L.N. 112 of 1964. 1967 No. 27.]
(a) the signature of the President or a Governor of a State or of a Minister, or a
commissioner, as the case may be, upon any grant, commission, warrant, or order;
(b) a seal or stamp used for the purpose of the public revenue in Nigeria or in any other
country;
(c) a document relating to the obtaining or receiving of any money payable on account of the
public service of Nigeria, or any other property of the State in any country, or a power of attorney or
other authority to execute any such document,
the offender is liable to imprisonment for fourteen years.

Courts seals, records, process, evidence, etc.
(4) If the thing forged purports to be, or is intended by the offender to be, understood to be or
to be used as, any of the following things‐
[L. N. 112 of 1964.]
(a) the seal of a court of record in any part of a country of the Commonwealth or of a country under
the protection of a Commonwealth country, or a seal used at the chambers of a Justice of the
Supreme Court or a Judge of a High Court for stamping or sealing summonses or orders;
(b) a seal or signature by virtue whereof any document can by law be used as evidence;
(c) any process of any court of justice in any part of a country of the Commonwealth or of a country
under the protection of a Commonwealth country;
(d) a document issued or made by or out of or by the authority of any such court as last aforesaid;
(e) a document or copy of a document of any kind, which document or copy is intended by the
offender to be used as evidence in any such court as last aforesaid;
(f) a record or other document of or belonging to a court of record in any part of a country of the
Commonwealth or of a country under the protection of a Commonwealth country;
(g) a copy or certificate of any record of any such court as last aforesaid;
(h) an instrument, whether written or printed, partly written and partly printed, which is made
evidence by any Act, law, statute, or order, in force in Nigeria;
(i) a document which a judicial officer is required or authorised by law to make, attest, or issue,
and purporting to be made, attested, or issued by a judicial officer;
(f) a stamp used for denoting the payment of fees or percentages in any court;
(k) a licence or certificate required or authorised by law to be given for the celebration of a
marriage;
(I) a consent to the marriage of a minor given by a person authorised by law to give it;
(m) a certificate of marriage given under the provisions of the laws relating to the solemnisation
of marriage;
(n) a copy of the registration of a marriage;
(o) a stamp issued or made under the laws relating to the post office;
(p) a power of attorney or a letter of attorney;
(q) the signature of a witness to a power of attorney or letter of attorney;
(r) the superscription of any postal matter by any person empowered under any enactment to
frank postal matter;
(s) a contract or a writing which with other writings constitutes a contract or is evidence of a
contract;
(t) an authority or request for the payment of money or for the delivery of property;
(u) an acquaintance or discharge or a voucher of having received any property, or any document
which is evidence of the receipt of any property;
(v) any mark which under the authority of any Act, law, statute, or order, is impressed upon or
otherwise attached to or connected with any article for the purpose of denoting the quality of the
article or the fact that it has been examined or approved by or under the authority of some public body
or public officer,
the offender is liable to imprisonment for seven years.

Telegrams
(5) If the thing forged purports to be, or is intended by the offender to be understood to be or to
be used as, a message to be sent by telegraph, or a message received by telegraph, the offender is liable
to the same punishment as if he had forged a document to the same effect as the message.

Section 468 of the Nigerian Criminal Code Act

Uttering false documents and counterfeit 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 and is liable to the same punishment as if he had forged the thing
in question.
It is immaterial whether the false document or writing, or counterfeit seal, was made in Nigeria or
elsewhere.
The term “fraudulently” means 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 person, whether a particular person
or not, or that some person whether a particular person, or not, shall, in the belief that the thing in
question is genuine, be induced to do or refrain from doing some act, whether in Nigeria or elsewhere.

Section 469 of the Nigerian Criminal Code Act

Uttering cancelled or exhausted documents

Any person who knowingly utters as and for a subsisting and effectual document any document which
has by any lawful authority been ordered to be revoked, cancelled, or suspended, or the operation of
which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of
an offence of the same kind and is liable to the same punishment as if he had forged the document.

Section 470 of the Nigerian Criminal Code Act

Uttering cancelled stamps

Any person who knowingly utters as and for a valid and uncancelled stamp a stamp, or an impression of
a seal, used for any purpose connected with the public revenue of Nigeria or of any part of a
Commonwealth country or any country under the protection of a Commonwealth country which has
been already used or which has been cancelled, is guilty of an offence of the same kind and is liable to
the same punishment as if he had forged the stamp or seal.
[L.N. 112 of 1964.]

Section 471 of the Nigerian Criminal Code Act

Procuring execution of documents by false pretences

Any person who, by means of any false and fraudulent representation as to the nature, contents, or
operation, of a document, procures another to sign or execute the document, is guilty of an offence of
the same kind and is liable to the same punishment as if he had forged the document.

Section 472 of the Nigerian Criminal Code Act

Obliterating crossings on cheques

Any person who, with intent to defraud(
1) obliterates, adds to or alters the crossing on a cheque; or
(2) knowingly alters a crossed cheque, the crossing on which has been obliterated, added to, or
altered,
is guilty of a felony, and is liable to imprisonment for seven years.

Section 473 of the Nigerian Criminal Code Act

Making documents without authority

Any person who, with intent to defraud‐
(1) without lawful authority or excuse, makes, signs, or executes, for or in the name or on
account of another person, whether by procuration or otherwise, any document or writing; or
(2) knowingly utters any document or writing so made, signed, or executed, by another person,
is guilty of a felony and is liable to imprisonment for seven years.

Section 474 of the Nigerian Criminal Code Act

Demanding property upon forged testamentary instruments

Any person who procures the delivery or payment to himself or any other person of any property or
money by virtue of any probate or letters of administration granted upon a forged testamentary
instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any
probate or letters of administration obtained by false evidence, knowing the grant to have been so
obtained, is guilty of an offence of the same kind and is liable to the same punishment as if he had
forged the document or thing by virtue whereof he procures the delivery or payment.

Section 475 of the Nigerian Criminal Code Act

Purchasing forged bank notes

Any person who, without lawful authority or excuse, the proof of which lies on him, purchases or
receives from any person, or has in his possession, a forged bank note, whether filled up or in blank,
knowing it to be forged, is guilty of a felony and is liable to imprisonment for seven years.

Section 476 of the Nigerian Criminal Code Act

Falsifying warrants for money payable under public authority

Any person who, being employed in the public service, knowingly and with intent to defraud makes out
or delivers to any person a warrant for the payment of any money payable by public authority for a
greater or less amount than that to which the person on whose behalf the warrant is made out is
entitled, is guilty of a felony and is liable to imprisonment for seven years.

Section 477 of the Nigerian Criminal Code Act

Falsification of register

Any person who, having the actual custody of any register or record kept by lawful authority, knowingly
permits any entry which, in any material particular, is to his knowledge false, to be made in the register
or record, is guilty of a felony and is liable to imprisonment for seven years.

Section 478 of the Nigerian Criminal Code Act

Sending false certificate of marriage to registrar

Any person who signs or transmits to a person authorised by law to register marriages, a certificate of
marriage, or any document purporting to be a certificate of marriage, which in any material particular is
to his knowledge false, is guilty of a felony and is liable to imprisonment for seven years.

Section 479 of the Nigerian Criminal Code Act

False statements for the purpose of registers of births, deaths, and marriages

Any person who knowingly and with intent to procure the same to be inserted in a register of births,
deaths, or marriages, makes any false statements touching any matter required by law to be registered
in any such register, is guilty of a felony and is liable to imprisonment for three years.

The offender cannot be arrested without warrant.


Credit: https://lawsofnigeria.placng.org/laws/C38.pdf

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