The facts upon which the three (3) count charges were framed against
the Defendants, are as contained in the charges earlier reproduced in
this Judgment.
As to the offence of Conspiracy punishable under Section 97(1) of the
Penal Code Law Cap 104 Laws of Sokoto State 1996, and which is the
first count charge against the Defendants, it is trite law that in a charge
of Criminal Conspiracy, all that is necessary is for the prosecution to led
evidence of agreement to commit an offence, and in the absence of an
agreement, then evidence of some community efforts on the part of all
the accused persons aimed at committing a crime, and once either of
these two (2) is established by the prosecution before the trial court, it
will be safe to convict for the offence of Criminal Conspiracy.
- Salawu V. State (2016) 12 NCC 1.
- Obiakor V. State (2002) 10 NWLR pt 776 p 612.
- Abacha V. State (2002) 11 NWLR pt 779 p 437.
- Patrick Njovens V. State (1973) 8 SC p 17 at 263264.
The evidence of PW4 are Babangida Aliyu shows that the Defendants
on 20/12/2018 went to Sama road, Sokoto on a motorcycle and met
PW4 and others sitting where their mother one Fatima Umar was
frying soya beans and demanded them to release handsets after
threatening to kill whoever refused to comply. That as a result of
threat, one of them in person of Mas’ud gave them his white Vivo
handset. The witness described the scenario in the following piece of
evidence:“The 3rd Defendant dropped from the
motorcycle with an intention to cut
Fahad. So seeing that, I rushed to save
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