Government Education Authority and is not responsible for
paying salaries of teachers by cash, him not being a Cashier of
the LGEA cannot have the privilege of having the salaries of
PW3 and PW4 in his hands and in cash to the extent of under
paying them, as well as held the salary of one Abubakar Usman
of May, 2017 and paid him in May, 2018 as disclosed by
Exhibit ICPC BGKB9 tendered by the 1st Defendant, if there is
no mutual understanding and co-operation between the 1st
Defendant and 2nd Defendant to corruptly confer an unfair
advantage upon themselves inconsistent with their official duties
and the rights of the teachers who were entitled to the complete
payment of their monthly salary at the end of every month.
It is trite law that the offence of Conspiracy is a matter of
inference deduceable from many acts of the Conspirators
apparently done in pursuance of their common intention. Once
there is evidence before the Court showing the Community
efforts of the Conspirators done in pursuance of an apparent
common intention to commit a crime as in this case, then the
offence of Criminal Conspiracy is complete.
- State V. Olademeji (2003)7 SC 108.
- Osetola V. State (2012)6 SCNJ 329.
- Njovens V. State (1998)1 ACLR 224
- Oyediran V. FRN (2003)3 ACLR 513
In view of the findings made earlier in this Judgment with regards to
the offence of Conspiracy, this Court is in total agreement with the
submission of the Prosecution Counsel that the offence of Criminal
Conspiracy against the two (2) Defendants has been proved beyond
reasonable doubt as the 2nd Defendant had earlier pleaded guilty when his
plea was taken. I therefore found the 2 Defendants guilty for the offence of
Criminal Conspiracy as charged.
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