(a)
Conspire with, aids, abets or counsels any
other person to commit an offence; or
(b)
Attempts to commit or is an accessory to an
act or offence, or
(c)
Incites, procures or induces any other person
by any means whatsoever to commit an
offence, under this Act, commit the offence
and is liable on conviction to the same
punishment as is prescribed for that offence
under this Act.”
Now for the prosecution to succeed in establishing the offence of
Conspiracy under Section 8 (a) of the Act, “it is settled law that
the essential ingredient of the offence of Conspiracy lies in the
bare agreement and association to carry out an unlawful act,
which is contrary to or forbidden by law, whether that act be
criminal or not and of course whether or not the accused persons
had knowledge of its unlawfulness.” See ADESINA KAYODE V
THE STATE, (2016) LPELR 40028 (SC), IKECHUKWU OKON
V THE STATE, (2014), CLARK V STATE, (1986) 4 NWLR (pt
35) page 381.
In other words, the ingredients of Conspiracy that require to be
established against the Defendants beyond reasonable doubt, to
put it simply: (1)
That there was an agreement between two or more persons;
(2)
That the agreement was to do or cause to do an illegal act;
or
(3)
To do a legal act by illegal means.
Further, I want to state also that in proving the offence of
conspiracy, evidence admissible against one conspirator is also
admissible against the others once the offence of Conspiracy is
proved. See JOSEPH OLANREWAJU V THE STATE, (2014)
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