ISSUE ONE
At paragraphs 3.08 – 3.18 of the final written address of the
prosecution, learned prosecuting Counsel submitted to the
effect that the Defendants are standing trial for the first two
counts of the 4th amended charge for conspiracy conferring
corrupt advantage upon the relations and associates of the 1st
Defendant contrary to Section 19 of the Corrupt Practices and
Other Related Offences Act, 2000.
He submitted that in line with Sections 135 and 139 of the
Evidence Act, 2011 (as amended) and the case of
ADEGBENRO V THE STATE (2004) 1 SCNJ 65, the burden
of proof squarely rests with the prosecution and the burden
does not shift. He stated that the proof is beyond reasonable
doubt and relied on the cases of AGBOOLA V THE STATE,
(2013) 5 SC1 and IGABALE V STATE, (2006) 6 NWLR (pt
975) page 100.
The learned prosecuting Counsel submitted that criminal
conspiracy is not defined by the Corrupt Practices and Other
Related Offences Act but he refers me to section 96 of the
Penal Code and also relied on the cases of BABARINDE V
STATE, (2013) 12 SC (pt II) page 27 at 39 – 40 where the
Apex Court defined Criminal Conspiracy as follows: “Criminal Conspiracy is when two or more persons
agree to do or cause to be done:
(a)
An illegal act, or
(b)
An act which is not illegal by illegal means such
an agreement is called “Conspiracy”.
The prosecution submitted that offence of conspiracy as when
two people are charged together, each of them is deemed to
have committed the offence of conspiracy. He relied on the
cases of EBENEZE AJE V THE STATE, (2006) 8 NWLR (pt
982) page 345 pages 359 – 360, UBIERHO V THE STATE,
(2014) 8 NWLR (pt 1408) page 111, ODUNEYE V STATE,
(2001) 2 NWLR (pt 697) page 311 and NJOVENS V THE
STATE, (1973) 5 SC 17.
13