brother is a criminal as a,dmitted by him in Exhibit E and I quote it, which is his extra judicial statement to the Police thus - "Actually I know that my brother is not good. I know he is a criminal". He knew and condoned him . When his brother who he knows is a criminal was accostedI by the two Okada men according to him, his brother fled . What effort did he make to stop his brother? Absolutely nothing from his evidence . When his brother bolted away, he ought to know that as someone up to no good , he must have done something wrong . The circumstances of this case thus point to him unwaveringly . In count one - from the evidence led , it shows there was an agreement or meeting of minds towards committing the crime as charged . A court can infer from the circumstances of a case if there has been conspirc!CY for there can never be easy eye witness evidence of consp iracy like Brutus and Cassius in the Shakespearian play of Jul ius Caesar, conspirators plot in secret, see the case of IDEN v THE STATE (1994) 8 NWLR (part 365) page 719 on the proof of conspiracy . However I cannot convict him of conspiracy . This is because one person cannot be charged with conspi_racy, for th is principle of law, see the case of R v ANIEMEKA (1961) ALL NLR page 43 . It is for the prosecution to have charged him along with his co-conspirator which they failed to do . For this doubt raised , I hereby strike out this count of conspiracy and discharge and acquit him on same . Count 2 - Breaking and entering into the dwelling house of the Pwl . There is no conclusive proof of his having broken into the house o.f the Pwl. Pwl positively identified his younger brother as having run out of his house, but This is the Judgment delivered by Hon . justice D.A. Onyefulu on 24/7/2018 Page 12