In addition to the above three confessional statements of the Defendant (Exhibits
PW2A, PW3A and PW3B), the Prosecution also tendered Exhibits PW3C and
PW3D, which are the Statements of Accounts of PW1, Dozie Ogbonna at
Guaranty Trust Bank PLC and Ecobank, all showing the various withdrawals made
by Dozie Ogbonna Defendant.
With regard to the first count of the charge of criminal conspiracy, it is trite law
that to establish the offence of criminal conspiracy, the Prosecution must
establish beyond reasonable doubt the following:
(i)
an agreement between two or more persons to do or cause to be
done an illegal act or a legal act by illegal means;
(ii)
that each of the Defendants charged with the offence of conspiracy
participated in the agreement.
See: YAKUBU v STATE (2014) LPELR-22401(SC), per Kekere-Ekun, JSC at page 12,
paras. E – G; and OKOH v STATE (2014) LPELR-22589(SC), per Kekere-Ekun, JSC
at pages 24 – 25, paras. E – B.
From the above evidence led by the Prosecution, the Defendant had in the
confessional statements he made at the DSS and EFCC in Exhibits PW2A, PW3A
and PW3B clearly stated that he was a member of a 419 gang. In Exhibit PW2A,
25