From the foregoing pieces of evidence in respect of the offence of
Conspiracy, I am in complete agreement with the prosecuting counsel
that all the 2 Defendants are involved in the Conspiracy to commit
unnatural offence. I also hold that the prosecution has proved all the
essential elements of the offence of Criminal Conspiracy punishable
under Section 97 (1) of the Penal Code.
Having proved all the essential elements of the offence, it follows
therefore that the prosecution has proved the offence beyond
reasonable doubt against the Defendants and found the Defendants
guilty as charged.
- Ajayi V. State (2013) 53 SCQR pt II p 632.
- Ikaria V. State (2013) 8 NCC 2 48.
- Alabi V. State (1993) 7 NWLR pt 307 p 511.
As to the 2nd count charge in respect of Unnatural Offence punishable
under Section 284 of the Penal Code, the earlier quoted portion of the
evidence of PW2 in this Judgment, is very apt and clear as to how the
1st Defendant deceived him and took him to the house of the 2nd
Defendant where the two (2) Defendants had carnal intercourse with
him. At the risk of repeating myself, PW2 testified as follows:“…we went to the house, and after we entered,
he asked me to remove my trouser, and while I
was removing my trouser, I saw the 2nd
Defendant also removing his own trouser. I then
attempted to run away but the 1st Defendant
locked the door. They then got hold of me and
the 2nd Defendant climbed over my back and
had carnal intercourse with me through my
anus. After the 2nd Defendant finished, the 1st
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