Daily Law Tips (Tip 442) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
*DIFFERENCE BETWEEN IRREGULAR SIGNATURE AND FORGED SIGNATURE*
First of all, what is a SIGNATURE?
“… the definition of the word signature as? highlighted in the case of DR. BOLAJI AKINSANYA V FEDERAL MORTGAGE FINANCE LIMITED (2010) LPELR – 3687 (CA) which states thus: “A person’s name or mark written by the person or at the person’s direction. Any name, mark or writing used with the intention of authenticating a document.” Per NIMPAR, J.C.A.
Most people don’t sign the same way all the time and in some cases some people sign other persons signatures. Are both conducts crimes?
”An irregular signature is one in which the features are not regular, symmetrical. A forged signature is not an irregular signature but a signature of someone else. There is thus a vast difference between a signature which is irregular and a signature which is forged. A signature which is irregular is the signature of the person who is said to have signed it, but a forged signature is not the signature of the person who is said to have signed it. … A forged signature is as bad as an unsigned document. The latter being worthless and void.” PER BODE RHODES-VIVOUR, J.C.A.
My authorities are Section 83(4) of the Evidence Act 2011 and the decisions of court the cases of in;
1. A.G. ABIA STATE V AGHARANYA (1999) 6 N.W.L.R. PT. 607 P.362
2. MORAYO ODUNEWU V. RISIKAT MARTINS & ORS (2010) LPELR-4683(CA)
3. THE VESSEL MV NAVAL GENT & ORS v. ASSOCIATED COMMODITY INTERNATIONAL LIMITED (2015) LPELR-25973(CA)
4. MOHAMMED V. MARTINS ELECTRONICS COMPANY LTD. (2009) LPELR-3708(CA)
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