UZO L NDUKWE-ANYANWU, JCA: I had the privilege of reading in draft
form, the Judgment just delivered by my learned brother Chinwe Eugenia Iyizoba
JCA. I am in total agreement with his reasoning and final conclusion.
"Conspiracy is an agreement of two or more persons to do an act which it is an
offence to agree to do. The very plot is an act itself and the act of each of the
parties, promise against promise capable of being enforced if lawful, is punishable
if it is for criminal object or the use of criminal means. In short, it is the agreement
to do an act which it is an offence to agree to do which constitutes the offence of
conspiracy under the Criminal Code",
per Fatayi Williams JSC in Olushegun Haruna vs. The State (1972) 8-9SCpage
108(1972)All NLR page 738.
It is true that conspiracy may exist between people who have never seen each other
like in this case.
It is worrisome to note that the Appellant did not hand over any papers to the 2nd
Accused person. The Appellant handed over to Ibrahim Maidurumi who handed
over to Audu Ismail. Ibrahim Maidurumi later as PW10 gave evidence. There is a
chain link between the Appellant, Ibrahim Maidurumi, Audu Ismail and finally
Ugwu Geoffrey the 2nd Accused. The Appellant and the 2nd Accused are the 1st
and 4th in the chain. The 2nd and 3rd in the chain Ibrahim Maidurumi and Audu
Ismail were not charged.
It is doubtful that the Appellant and the 2nd Accused were in agreement. The 2nd
Accused was running around to clear the containers with the bills of lading given to
him. Even when he could not trace the address he continued in the process of
clearing the containers.
If the PW10, a Custom officer handed over to Audu Ismail who handed to 2nd
Accused Ugwu Geoffrey, why were they all not charged; Is it not the same handing
over from one person to the other. Were the Appellant and the 2nd accused being
made scapegoat of what the 2nd Accused did not know. In my own humble opinion,
the 2nd accused, the 4th person in this chain could not have been said to conspire
with the Appellant who did not hand over any document to him. I find it difficult to
find that there is any conspiracy between the two persons charged without the
PW10 and Audu Ismail. The chain and the connection was broken.
“It is well established that it is the duty of the prosecution to place before the court
all available relevant evidence. This does not mean of course, that a whole host of
witnesses must be called upon the same point but it does mean that if there is a vital