conspiracy exist, in the case of USMAN KAZA V THE STATE ,
(2008) LPELR 1683, the Supreme Court held further:“In the offence of conspiracy, the mens rea is not easy to locate
as it is mostly, if not invariably, buried in secrecy. And so, the
actus reus of the offence which is easier to locate can draw the
mens rea to the open, and make it possible for the Court to find
inculpatory evidence.”
Now that the offence of conspiracy is not easily ascertained or
proved by any form of agreement and neither can the mens rea
be easily located because of the utmost secrecy, by inferential or
circumstantial surrounding facts and circumstance, the roles,
actions steps taken in doing things by the conspirators would
ultimately brought to the open the mens rea.
In the instant case, I have perused the evidence of the
prosecution witnesses nos 1, 2 and 3 as well as the exhibits
admitted in evidence in this case. I have equally gone through
the testimonies of DWs1 ,2 and 3 as well as the exhibits tendered
in evidence on behalf of the 2nd Defendant as DW2.
Firstly, by the evidence of PWs2 and 3, the purported houses at
Asokoro and Maitama which the 1st Defendant informed PW1 and
the nominal complainant, Mrs. Sonia that they were put up by
Ad-Hoc Committee for sale was not true and they do not exist.
And the picture presented to PW1 and the nominal complainant
by the first Defendant was that the houses exist and someone
with capacity to pay for the houses was required. The proof of
capacity to pay pursuant to the 1st Defendant’s information was
what led PW1 and the nominal complainant to issue two bank
drafts of N20,000,000.00 each in favour of Ad-Hoc committee for
sale of Federal Government of Nigeria Houses and the 1st
Defendant promised to deliver letters of allocation within two
weeks. The 1st Defendant also demanded the sum of
N20,000,000.00 for her services and that the amount be paid in
favour of the 5th Defendant’s account. PW1 testified that even
after three months of payment for the Houses, the 1st Defendant
could not deliver the letters of allocation and it was after the
pressure by PW1 on the 1st Defendant that the 1st Defendant
introduced the 2nd Defendant as a member of Ad-hoc Committee
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