Submitted therefore that so long as a design rest in intention only, it is not indictable, but when two or more agree to carry it into effect, the very plot is an act in itself and the act of each of the parties promise against promise, becomes criminal and therefore punishable. The overt act or omission which evidences conspiracy is the “actus reus” and every conspirator must be referable and very often is the only proof of the criminal agreement which is called “conspiracy”. The agreement which constitutes the offence is seldom proved by direct evidence but by inference from proven fact. Learned counsel refer to the case of OBIAKOR v STATE (2002) 10 NWLR (Pt 776) 612 at 628 – 629. DEVIN v STATE (1994) 5 NWLR (Pt 346) 522 at 534. EDE v F.R.N. (2001) 1 NWLR (Pt 695) 502 at 512 – 513 C. Submitted that to prove conspiracy, the prosecution must establish the following ingredients viz: (a) That there was an agreement between two or more persons. (b) That the agreement was to do or cause to do an illegal act. (c) To do a legal act by illegal means. The Defendant in Exhibits B1 and B2 confessed to have been defrauding people by telling them he has some money that he 8