conspiracy. See paragraphs 4.7 and 4.8 of the final written
address of the 1st Defendant’s Counsel and paragraphs 3.153.29 of the final written address of the 2nd Defendant’s Counsel
to the effect that the prosecution failed to prove actus reus and
mens rea that the Defendants conspired to manipulate the
record of the allocation letter of SS1 Jikwoyi Extension III. He
referred me to the answers elicited during cross examination of
PWS2 and 3 to the effect that the witnesses failed to say the
alleged cohorts, hence the investigation of PW3 was evidently
inconclusive raising reasonable doubt as to the existence of any
agreement.
The position of the law is that it is from the acts or manner the
accused persons were doing things towards actualizing a
common end it can be inferred or deduced that they did so in
furtherance of their conspiratorial agreement to commit the
alleged offence. See OBIAKOR V THE STATE, (2002) 10
NNLR (pt776) page 612, BABATUNDE ADELANI V THE
STATE (2018) 5 NWLR (pt1611) page 18 paragraphs D-E
IFEANYI- CHUKWU AKWUOBI V THE STATE, (2017) 2
NWLR (pt1550) page 421 at 444 and BABANGIDA SULE
V FRN (2018) LPELR 45284, (CA) Abuja Judicial Division.
Further, the proof of conspiracy is generally a matter of
plausible inference. Hence in a charge of conspiracy, proof of
the actual agreement which is an essential element or
ingredient of the crime is not always easy to come by. Thus,
the fact that there was no positive evidence of any agreement
between the accused persons to commit the offence is not
enough to hold that the prosecution cannot establish charge of
conspiracy. See
CALEB OJO V FRN (2008) LPELR 5155
(CA)
Abuja
Judicial
Division,
OYAKHIRE
V
THE
STATE(2006)15 NELR (pt1001) page 157.
Also Niki Tobi JSC (as he then was and of blessed memory) in
KAZA V STATE (2008) LPELR 1683 (SC) said “In the offence
of conspiracy, the mens rea is not easy to locate as it is mostly,
if not invariably, buried in secrecy. And so, the actus reus of
the offence which is easier to locate can draw the mens rea to
the open and make it possible for the Court to find inculpatory
evidence.”
43