also that the prosecut ion fa iled to prove stealing against the defendant, failed to prove damage to the complainant' s properties , He submi ts also th at the prosecution relied on suspicion and this does not ground convict ion , citing the case of ADAMU v STATE (1986) 3 NWLR part 32 page 865 etc, he states that the evidence of the prosecution is also filled with contradictions and \,Jrged the I court to discharge and acquit the defendan~ based on all these subm issions as the prosecution has failed to prove the case against the defendant. In the final address of the prosecution filed on 12/6/18, the matter is introduced , summary of the facts given . The evidence led at trial is also summarized . Learned counsel deduces from the summarized evidence led before the court that the defendant and his younger brother broke :nto the living house of the complainant a,nd made use of his propert ies and escaped when he suddenly appeared . The defendant was subsequently arrested and prope(ties of the complainant found in his house. He raises an issue for 11 determination at this stage which is ; whether the ingredients of the offences 1 charged are present from evidence before the court' In his argument learned • counsel submits that ingredients of the offence of conspiracy has been led and proved by the prosecution, citing in support the case of OK-ASHETU v STATE (2016) NWLR prt 1534 page 126 etc as there is proof of agreement between the defendant and his brother now at large . This is supported by the confession of the defendant that he knew that the junior brother was a questionable character and yet did nothing about it. On the count of breaking and entering, counsel submits that the Pwl was able to lead evidence to prove this count and urged the court to hold the defendant liable for this offence . On the count of stealing, counsel submits that the Pwl l~d evidence to show that his properties as charged were taken from his house and states this among This is the Judgment delivered by Hon . Ju stice D.A. Onyefulu on 24/7/2018 Page 6

Select target paragraph3