act; and the doing of the Act in pursuance thereof. He
contended that it must be shown a meeting of the minds of the
conspirators to carry out an unlawful act or to carry out a
lawful Act by unlawful means. He relied on the cases of
ADELEKE V THE STATE, (2012) 5 NWLR (pt 1292) page
122, NJOVENS V THE STATE, (1973) 5 SC 17 AND OKE V
THE STATE (1999) 2 NNLR (pt590) page 246.
Learned Counsel then submitted that the evidence of PWs 1, 2
and 3 and exhibits P1 and P2 respectively have not established
conspiracy of the Defendants and Solomon Adakwu(now at
large).
In conclusion, he urged me to discharge and acquit the
Defendants of the five counts charge.
Now after the review of the evidence of both the prosecution
and the defence as well as their respective final written
addresses,
to
determine
the
allegations
against
the
Defendants, I adopt the issue for determination as distilled by
the prosecution as follows:“Whether the prosecution has, from the evidence laid down
before the Court proved its case beyond reasonable doubt as
required by law.”
The amended 5 counts charge and its particulars against the
Defendants had already been reproduced at the beginning of
27