. As can be 5een above, for the prosecution to succeed, he/she
must prove all the essential ingredients of the offence as contained in
the charge . The defendants in this case are charged of the offence of
conspira.cy and armed robbery. In EKE V. STATE (2011) 3 NWLR 589 the
Supreme Court per Fabiyi J.S.C stated the ingredients of the offence of 1
r
armed robbery thus :
"The essential ingredients of the offence of armed
robber½ as listed in the case of BELLO V. STA TE
(2007) 10 NWLR (pt 1043) 564 are as follows:
(a)
That there was a robbery or series of robbery.
(b)
That
each of the robbery was an armed robbery.
,,
(c)
That the accused was one of those who robbed/~
See further the decisions in BOZIN V. THE ST;• ;-r (1995) 2 NWLR
(pt 8) 465, ALABI V. THE STATE (1993) 7 NWLR (pt 307) 511 at 523
and AFOLALU V. STATE (2010) 16 NWLR (pt 1220) 584 SC.
With Tespect to the offence of Conspiracy the Supreme Court has
this to say in tbe case of THE STATE V. OLASHEHU SALAWU (2011)
LPELR - 8252 (SC) per Muhammed J. 5. C:
"In order to establish that conspiracy has been
committed by.some set or group of persons suspected
to ha~y committed a crime/crimes/ the law requires the
,J
prosecution to prove that:
(a)
An agreement between two or more persons to
do or cause to be dome, some illegal act or some
act which is not illegal but by illegal means.
8