and some youth from their village to revenge the beating of their friend
by the youth from the deceased’s village.
As to the 2nd count charge, counsel to the defendants appeared to have
submitted that the prosecution has failed to prove through any credible
evidence that someone called Nuhu Modi actually died and that the
death resulted from the acts of the defendants. They argued further that
the evidence of PW1 and PW2 did not state the cause of death of the
deceased nor tender medical report or autopsy of the deceased body to
show the cause of the death.
Reacting to the submission, the prosecution submitted that by the
statements of the defendants recorded at Tureta Division which were
admitted as exhibits D, D1, E, F and F1, the defendants admitted
knowing the deceased {Nuhu Modi} and that he died during the fight
between the youth of Malenji Village and youth of Ketare Village. It
was further submitted by the prosecution that the substance of the said
exhibits have been corroborated by the contents of exhibits A, A1, B,
B1, C and C1.
The prosecution therefore urge the court to hold that the prosecution
has proved its case beyond reasonable doubt against the defendants
and convict them as charged.
As to the offence of criminal conspiracy which is the 1st count charge,
it is trite that in a charge of criminal conspiracy, all that is necessary is
evidence of agreement to commit an offence, and in the absence of an
apparent agreement, evidence of some community efforts on the part
of all the defendants aimed at committing a crime, and once either of
these is established by the prosecution before the trial court, then the
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