prosecution and is discharged if the guilt of the accused
is established beyond reasonable doubt.
Count 1 hinges on the offence of criminal conspiracy
contrary to section 97 of the penal code.
To succeed in above count charge, the prosecution is
required to prove the following:a.
An agreement between two or more persons to do
or cause to be done some illegal act or some act
which is not illegal by illegal means.
b.
Where the agreement is other than an agreement to
commit an offence, that some act besides the
agreement was done by more of the parties in
furtherance of the agreement.
c.
Specifically that each of the accused individual
participated in the conspiracy.
It is a well settled principle of law that in a charge of
conspiracy, meeting of the minds of the accused
persons is a necessary ingredient. Indeed, the actual
FEDERAL REPUBLIC OF NIGERIA AND KAYODE GABRIEL ADENIJI & 2ORS
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