Uche Nnaji’s forgery allegation: Lawyer advises President Tinubu, commends arrest

The recent arrest of former Minister of Innovation, Science and Technology, Uche Nnaji, by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on allegations of certificate forgery has brought to the fore the severe legal ramifications of such an offence in Nigeria. Nnaji is accused of submitting a forged degree certificate from the University of Nigeria, Nsukka, and a false National Youth Service Corps (NYSC) discharge certificate during his ministerial screening in 2023. This development underscores Nigeria's commitment to upholding the integrity of public office and the rule of law, even as it highlights the robust statutory framework in place to combat document fraud. The case also draws attention to ongoing debates surrounding the Electoral Act's provisions on challenging qualifications for public office.

The integrity of public service in Nigeria is once again under scrutiny following the arrest of Mr. Uche Nnaji, the immediate past Minister of Innovation, Science and Technology, by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). Mr. Nnaji was apprehended on July 1, 2026, at the Nnamdi Azikiwe International Airport, Abuja, pursuant to a Federal High Court order, to face allegations of certificate forgery. This significant development, which follows his resignation in October 2025 amidst public investigations into his academic credentials, sends a strong signal regarding accountability in governance.

The allegations against Mr. Nnaji, specifically concerning a purportedly forged degree certificate from the University of Nigeria, Nsukka (UNN), and a false National Youth Service Corps (NYSC) discharge certificate submitted during his ministerial screening, strike at the heart of public trust and the sanctity of official declarations. The incident has prompted legal experts, including Mr. Liborous Oshoma, to commend the ICPC's action and advise President Bola Tinubu on the imperative of ensuring due process and upholding the rule of law. This article delves into the legal framework governing certificate forgery in Nigeria, examining the relevant statutes, potential penalties, and the broader implications for public office holders and the nation's anti-corruption drive.

Certificate forgery is a serious criminal offence under Nigerian law, with provisions primarily enshrined in the Criminal Code Act and the Penal Code Act, depending on the geographical jurisdiction. The Criminal Code Act, applicable in Southern Nigeria, defines forgery in Section 465 as the act of making a false document or writing, knowing it to be false, with the intent that it may be used or acted upon as genuine to the prejudice of any person, or to induce any person to act or refrain from acting in the belief that it is genuine. This definition encompasses altering a genuine document, making material additions, or adding false dates or seals. Similarly, the Penal Code Act, applicable in Northern Nigeria and the Federal Capital Territory, addresses the making of false documents in Section 362(a) and the fraudulent use of such documents in Section 366.

The legal framework extends beyond general criminal provisions to specifically address the qualifications for public office. Sections 137(1)(j) and 182(1)(j) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), expressly disqualify any person from contesting for the offices of President or Governor if they have presented a forged certificate to the Independent National Electoral Commission (INEC). Analogous provisions exist for legislative offices under Sections 66(1)(i) and 107(1)(i) of the Constitution. These constitutional safeguards are designed to ensure that individuals holding public trust possess genuine credentials, thereby preserving the integrity of democratic institutions and the quality of leadership.

The allegations against Mr. Uche Nnaji fall squarely within the ambit of these statutory provisions. Under Section 467 of the Criminal Code Act, the general punishment for forgery is imprisonment for three years. However, the severity of the penalty can escalate significantly depending on the nature of the forged document. For instance, forgery involving public seals or documents can attract imprisonment for up to 14 years, and in some cases, even life imprisonment. Given that Mr. Nnaji's alleged forgeries relate to academic and national service certificates submitted for a ministerial appointment, the potential penalties are substantial. The Penal Code Act also prescribes imprisonment for up to 14 years for forgery under Section 364.

Proof of forgery in Nigerian courts relies heavily on the provisions of the Evidence Act, 2011. The prosecution would need to establish that a document is false and that the accused made or used it with the requisite fraudulent intent. Expert evidence, particularly from forensic document examiners, often plays a crucial role in determining the authenticity of disputed documents. Furthermore, the Evidence Act outlines procedures for the admissibility of public documents, requiring certified true copies in most instances, which underscores the importance of official verification.

A notable recent development impacting such cases is the amendment to the Electoral Act. The Electoral Act 2026 (as amended) has controversially removed certificate forgery as a direct ground for challenging election results in election tribunals under Section 138. This amendment effectively shifts disputes concerning qualifications, including certificate forgery, to pre-election matters or criminal prosecution, rather than post-election petitions. While this change has sparked considerable debate regarding its constitutionality and implications for electoral accountability, it does not diminish the criminal nature of forgery itself. The arrest and potential prosecution of Mr. Nnaji by the ICPC, an anti-graft agency, highlights that even if electoral challenges are narrowed, the criminal justice system remains a viable avenue for addressing such serious allegations, particularly when they involve public officials and a breach of public trust.

Beyond criminal sanctions, a conviction for certificate forgery would inevitably lead to the disqualification and removal from any public office held. Legal experts have also pointed out that a public officer found to have obtained office through forged credentials could face charges of obtaining by false pretence, and may be liable to refund all salaries, allowances, and perks received during their tenure. This adds another layer of financial and reputational consequence to the already severe criminal penalties.

The arrest of Uche Nnaji serves as a potent reminder to legal practitioners and public officials alike of the serious legal and ethical implications of certificate forgery in Nigeria. For attorneys, this case underscores the need for meticulous due diligence in vetting candidates for public office and advising clients on the stringent requirements for official declarations. It also highlights the critical role of the criminal justice system, particularly anti-graft agencies like the ICPC, in enforcing accountability where electoral processes may have limitations.

Practitioners should closely monitor the progression of this case, as its outcome will undoubtedly shape jurisprudence on certificate forgery and public accountability. It reinforces the principle that integrity remains paramount for those aspiring to or holding public office, and that the long arm of the law, through criminal prosecution, can still reach individuals who compromise this fundamental tenet. The ongoing discourse surrounding the Electoral Act amendments also necessitates a keen awareness of the evolving landscape of electoral litigation and the interplay between constitutional provisions and statutory enactments in addressing qualification issues.