On Count 3 which is an offence of Criminal Conspiracy, it is brought under
Section 96 of the Penal Code. It states:
“where two or more persons agree to do or cause to be done
(a) an illegal act… such an agreement is called a criminal conspiracy.”
Conspiracy is an agreement of two or more persons to do an act which is an offence to
do.
See NWOSU VS. STATE (2004) 15 NWLR (PT.897) 466.
AMACREE VS. NIGERIAN ARMY (2004) 3 NWLR (PT.807) 256.
From the evidence before me which has been reproduced and analysed, it is clear that
the criminal design alleged is common to the Defendants. The fake employment
letters were in the house of the 1st Defendant. Fake files were also recovered. The
PW4’s evidence is that he recovered the letters of employment of his younger ones in
the house of the 1st Defendant. He was given the employment letters by the 1st
Defendant. The 2nd Defendant was filling employment acceptance form for another
person. He admitted doing so in exhibit F1. It is evident that there is the meeting of
minds. They are not member of staff of the NSCDC neither were they authorized
legally to issue such letters. There was an agreement to do an illegal act by the 1st and
2nd Defendants. There is evidence of the roles played by each of the Defendants. The
1st Defendant in Exhibit F admitted collecting about 5 – 6 Million Naira on behalf of
one Seidu Abdullai. In my view, the drafting of the Count III is not bad in all
respects. In my view, the Prosecution has been able to prove the offence of criminal
conspiracy beyond reasonable doubt.
Count 4 is an offence of forgery contrary to Section 364 of the Penal Code. It
states:
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