As earlier stated, the 1st Defendant is standing trial for a three
count charge while the 2nd Defendant is standing trial for a two
counts charge. The first two counts charge against the 1st and
2nd Defendants is for conspiracy by using their positions to
confer corrupt advantage upon relations and associates of the
1st Defendant by causing the title documents of plot SS1
Jikwoyi Extension III to be made in favour of Pax Education
Resources, an unregister company belonging to the 1st
Defendant’s relations and associates contrary to section 26 (1)
and punishable under section 19 of the Corrupt Practices and
other Related Offences Act, 2000.
In this case both parties agreed and that is the law that for the
prosecution to secure a conviction against the two Defendants,
he must prove the elements or ingredients of the offence
beyond reasonable doubt. This is in line with sections 135 and
139 of the Evidence Act (2011) as amended.
See also SHAIKHSHIBILI NOMANY V FRN (2018) LPELR
44546 (CA), Lagos Judicial Division, BAKARE V STATE
UGURU V STATE (supra) and STATE V AJIE (supra)
Thus, for the offence of criminal conspiracy pursuant to section
96 of the Penal Code applicable in the Federal Capital Territory,
Abuja to be proved by the prosecution, the ingredients of
criminal conspiracy was aptly stated in the case of ADESINA
KAYODE V THE STATE, 2016 LPELR 40028, the Supreme
Court stated:“ It is settled law that the essential ingredients of the offence
of conspiracy lies in the bare agreement and association to
carry out an unlawful act, which is contrary to or forbidden by
law,whether that act be criminal or not and of course whether
or not the accused persons had knowledge of its unlawfulness.”
See also IKECHUKWU OKON V THE STATE, (2014) CLARK
V THE STATE, (1986) 4 NWLR (pt 35) page 381.
Also by section 97 (1) of the Penal Code, the ingredients of the
offence of criminal conspiracy are:(a)
An agreement between two or more persons to do an
illegal act or an act which is not illegal by illegal means;
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