diversion and criminal misappropriation of public funds to the
tune of N18,000,000,000.00 (Eighteen Billion Naira) by the
Commission. By the testimony of PW1, exhibit 3 and its contents
and exhibits 6, 6(a), 7, 7(a), the prosecution has established the
requirement of the last ingredient of the offence of impersonation
contrary to Section 132 of the Penal Code.
Thus, in the circumstance, I hold the view that counts 2 and 4 of
the charge sheet for the offence of impersonation contrary to
Section 132 of the Penal Code applicable in the Federal Capital
Territory, the prosecution has proved with credible evidence the
ingredients of the offence against the Defendants beyond
reasonable doubt and I so hold.
On the final count charge i.e. for the offence of criminal
conspiracy contrary to Section 26 (1) (c) and punishable under
Section 25 (1) (b) of the Corrupt Practices and Other Related
Offences Act, 2000. As rightly submitted at paragraph 3.15 of the
final written address of the Defendants’ Counsel, the prosecution
has the onus to prove against the conspirators: (1)
An agreement to do an illegal act;
(2)
To carry out a lawful act by unlawful means.
In other words, criminal conspiracy has been defined as follows: -
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