“When two or more persons agree to do or cause to be
done (a) an illegal act (b) an act which is not illegal by
illegal means, such an agreement is called conspiracy.”
See SGT MONDAY YAKUBU V THE STATE, (2014) LPELR
22401 (SC).
Also in the case of BENJAMIN OYAKHERE V THE STATE,
(2005) 15 NWLR (pt 947) page 159, the Supreme Court of
Nigeria further states on the meaning of Criminal Conspiracy
thus: “When two or more persons agree to do or cause to be
done an illegal act, or an act which is not illegal by
illegal
means,
such
agreement
is
called
criminal
conspiracy.”
In the instant case, the Defendants by Count 5 of the charge
were charged for criminal conspiracy pursuant to Section 26(1)
(c) of the Act. It provides: “Any person who: (c) abets or is engaged in a criminal conspiracy to
commit any offence under this Act.”
In order to prove the offence of criminal conspiracy against the
Defendants, I indorse and i agree with submissions of the learned
prosecuting Counsel at paragraphs 5.8 and 5.10 of his final
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