same punishment as is prescribed for that offence
under this Act.”
To prove the offence of conspiracy by the prosecution against the
1st, 2nd and 3rd Defendants, the Supreme Court of Nigeria in the
case of IKECHUKWU OKOH V THE STATE (2014) LPELR
22589, it held thus:“It is also well settled that the essential ingredients of
the offence of conspiracy lies in the bare agreement
and association to do an unlawful thing, which is
contrary to or forbidden by law whether that thing be
criminal or not and whether or not the accursed
persons had knowledge of its unlawfulness. Evidence of
conspiracy is usually a matter of inference from
surrounding facts and circumstances. The trial Court
may infer conspiracy from the fact of doing things
towards a common purpose.”
See also CLARK V THE STATE, (1986)4 NWLR (pt 35) page
381, GBADAMOSI V THE STATE, (1991)6 NWLR (pt196)
Page 182, AJE V THE STATE, (2006) 8 NWLR (pt982) page
345 at 363 paragraph A-C.
It is clear from the above judicial decisions that the essential
ingredients of the offence of conspiracy lies in the bare
agreement of two or more persons with a common intention to
prosecute an unlawful purpose. But because conspiracy is usually
hatched in utmost secrecy amongst the conspirators, to prove
agreement and intention is always difficult or practically
impossible by the prosecution. However, the Supreme Court in
the case of IKECHUKWU OKOH V THE STATES (supra) states:“Evidence of conspiracy is usually a matter of inference from
surrounding facts and circumstances. The trial Court may infer
conspiracy from the fact of doing things towards a common
purpose.”
In otherwords, it is sufficient proof if the prosecution can lead
evidence from the surrounding circumstances of doing things by
the Defendants towards achieving the purpose and as a result an
offence is committed. For more understanding as to the duty of
the trial Court in inferring from fact of doing things whether
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