provisions of section 36(5) of the Constitution of the Federal
Republic of Nigeria 1999 as amended and the provisions of
section 135 of the Evidence Act, 2011 which provides that
whoever assert a particular fact, has a duty to prove it.
To proves its case, the prosecution called five {5} witnesses
and tendered eight {8} exhibits as already said earlier in this
judgment.
As to the offence of criminal conspiracy which is the 1st count
charge against the defendants, it is trite law that in a charge
of criminal conspiracy, all that is necessary is evidence of
agreement to commit an offence, and in the absence of an
apparent agreement, evidence of some community efforts on
the part of all the accused persons aimed at committing a
crimes and once either of these is established before the
court, it will be safe to convict for the offence of conspiracy.
- Salawu V. State {2016} 12 NCC 1
- Obiakor V. State {2002} 10 NWLR pt 776 p 612
- Abacha V. State {2002} 11 NWLR pt 779 p 437
- Patrick Njovens V. State {1973} 5SC p 17 at 263-264
In the case of Patrick Njovens V. State {supra}, the Supreme
Court held as follows:“When it is proposed to give evidence of the happenings
inside hell, it is only a matter of common sense to call
one of the inmates of that place, or one whose business
is carried out in reasonable propinquity to hell, and it
must be surprising indeed to find even a lone angel fit
and qualified for the assignment. Indeed it would be
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