This is because according to him, throughout the evidence of the
prosecution witnesses, there is no where any of the witnesses
testified to the fact that the 1st Defendant conspired with the 2nd
Defendant to commit any offence, nor have their evidence shown
or disclose how the unpaid salaries of 22 staff of Sokoto South
Local Government Education Authority, or any part thereof was
converted by the 1st Defendant for the purpose of conferring any
corrupt or unfair advantage upon himself. In his response, the
Prosecuting Counsel submitted that for the offence of
Conspiracy contrary to Section 26(1)(c) and punishable under
Section 19 of the Corrupt Practices and Other Related Offences
Act, 2000, it is trite law that the gist of the offence of
Conspiracy is the meeting of the minds of the Conspirators as
the offence is hardly capable of direct proof. The offence of
Conspiracy according to him, is a matter of inference from
certain Criminal acts of the parties concerned done in pursuance
of an apparent common intention.
- Njovens V. State (1998) 1 ACLR 224 at 263-264.
- Oyediran V. FRN (2003)3 ACLR 513 at 525.
He submitted that inference can be drawn from the evidence of
the four (4) prosecution witnesses that the 1st Defendant and the
2nd Defendant connive with each other to withheld the salaries of
teaches between the months of March to June, 2017 for their
own benefit and urge the Court to hold that the prosecution has
proved the offence of Criminal Conspiracy against the 1st and
2nd Defendants beyond reasonable doubt and convict them as
charged.
The 1st Defendant being Accountant Salary who prepare
schedule of payment of salaries of teachers and keep record of
same, not a signatory to the Account of Sokoto South Local
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