Hence, therefore, in the instant case, by the evidence of PWs 1, 2
and exhibits 6, 6(a), 7 and 7(a) in which the Defendants hatched
the idea of producing and indeed did produced exhibit 3 which
exhibit 3 is false or untrue, the prosecution has successfully
proved the offence of Criminal Conspiracy contrary to Section 26
(1) (c) of the Act and punishable under Section 25 (1) (b) of the
same Act against the Defendants beyond reasonable doubt and I
so hold.
Thus, before I conclude, it is important to refer to the
submissions of the learned Counsel for the Defendants at
paragraph 3.4 of his final written address. He submitted that it is
trite that an accused person in every criminal proceeding must be
charged for an offence known to the law and particulars of time
i.e. date hour and venue stated in the charge. In the instant case,
learned Counsel submitted that the charge stated the date as 19th
August, 2015 while the evidence of PW1 stated that the
Honourable Ndanusa called him on phone on 18th August, 2015.
He then submitted that there is doubt as to the dates of which
the particular offence was committed and he relied on Section
196(1) of the Administration of Criminal Justice Act 2015 and he
also relied on the case of ANKWA V THE STATE, (Supra).
I quite agree with the learned Counsel for the Defendants that it
is trite that in criminal proceedings, a Defendant must be charged
for an offence created by law and particulars of the offence or
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