(b)
Where the agreement is other thcJn agreement to
commit an offence that some act besides the
agreement was done by one or more of the
parties in furtherance of the agreement
(c)
Specifically that each of the accused individually
participated in the conspiracy.
As earlier stated the guilt of the defendants are to be proved by
the prosecution counsel and like R. C. Aganam -
Onyeze Esq .
prosecution counsel submitted in her address the prosecution can
discharge this onerous burden placed on her through :
(a)
Confessional statement
(b)
Evidence of eye witness of the crime
(c)
Circumstantial evidence.
As seen by this honourable court the only eye witness tendered by
the prosecution in this trial is the Pwl (Dr Esomonu Nneka) who is the
victim .of the alleged armed robbery incident. In Exhibit C which is the
Statement of Pwl to the police at Awada Police Station on 10/2/2015
and Exhibit A wh ich is the statement of the said Pwl at SARS Unit .
Onitsha on 11/02/2015, the witness did not specifically indentify the
defendants as to the ones that robbed her. There is no evidence before
this court showing that the Pwl knew the defendants or have met them
before the incident and identified them on seeing them at the scene
during the said incident. The question then is how did the Pwl identify
the defendants as the people who robbed her on 8/2/2015? There is no
such evidence led by the prosecution in chief through any of the
prosecution witnesses.
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