(e)
The Charge under Section 8(a) Advance Fee Fraud and
Other Related Offence, Decree No. 13 of 1985 as
amended
by
the
Tribunal
(Certain
Consequential
Amendment etc) Decree No. 62 of 1999 and punishable
under Section 1(3) of same Count 23.
(f)
The Charge under Section 1(a) of Advance Fee Fraud
and Other Related Offences Decree No. 13 of 1985 Count
24, 25, 26, 27.
On the charge of conspiracy, it is submitted that there must be an
agreement between the parties to commit an illegal act or to
perform a legal act illegally for the charge of conspiracy to be
proved. See GARBA v C.O.P. (2007) 16 NWLR (Pt 1060) 378 at 405
Para A – B.
It is submitted that in the instant case, the prosecution did not
proffer any evidence to ground or support this ingredient in
support of the charge of conspiracy against the first accused
person. Since the charge of conspiracy must be grounded with
an agreement between two or more persons.
From the entire evidence before the court at no point did any of
the witnesses state that there was a collusion between the
accused and the 2nd accused (who is at large) to commit the
alleged offences.
In the circumstances court is urged to
discharge and acquit the accused person of all the charges
pertaining to Section 97(1) of the Penal Code.
12