(b)
The illegal act must be done in furtherance of the
agreement and participation by each of the accused
person in the conspiracy.
See ABU ISAH & ANOR V THE STATE, (2007) LPELR 3575
(CA). On the otherhand, by
Section 26 (1) of the Corrupt Practices and other related
Offence Act, 2000 provides:(a)
Any person who attempts to commit any offence under
this Act;
(b)
Does any act or preparatory to or in furtherance of the
commission of any offence under this Act; or
(c)
Abets or is engaged in a criminal conspiracy to commit
any offence under this Act,
(d)
Commits any offence under this Act, shall be guilty of an
offence and shall on conviction, be liable to the
punishment provided for such offence.
Also in relation to conferring unfair advantage against the
Defendants, section 19 of the Corrupt Practices and other
Related Offences Act, 2000 provides:“Any public officer who uses his office or
position to gratify or confer any corrupt or
unfair advantages upon himself or any relation
or associate of the public officer or any other
public officer shall be guilty of an offence and
shall on conviction be liable to imprisonment for
five (5) years without option of fine.”
The ingredients of the offence under section 19 of the Act are:(a)
(b)
(c)
That the Defendants are public officers at the material
time;
That they used their position or office;
They confer corrupt or unfair advantage upon themselves
or their relations or other public officer or the relations of
other public officer.
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