therefore urged me to resolve issue three in favour of the 1st
Defendant.
Finally, learned Counsel urged me to dismiss the whole charge,
discharge and acquit the 1st Defendant.
The learned Counsel for the 2nd Defendant also filed his final
written address on behalf of the 2nd Defendant on 7th February,
2018. He distilled a sole issue for determination as follows: “Whether the prosecution has proved beyond
reasonable doubt the offences of criminal
conspiracy and official corruption against the 2nd
Defendant to warrant his conviction.”
In arguing the sole issue for determination the learned Counsel
for the 2nd Defendant states that the 2nd Defendant is standing
trial bordering on the offences of conspiracy and using his
office as a public officer to confer unfair advantage.
At paragraphs 3.02 – 3.04 of the final written address of the
2nd Defendant, learned Counsel submitted that by our
adversarial criminal system of justice, the law places the
burden of proving the guilt of the Defendant on the prosecution
in order to secure conviction and sentencing of the Defendant
by the Court. He relied on section 135 (1) of the Evidence Act
and the cases of UGURU V STATE, (2002) 10 NSCQR (pt 1)
page 37 at 54 paragraph C, STATE V AJIE, (2000) 3
NSCQR page 53 at 65 paragraph G.
In the instant case, learned Counsel submitted at paragraphs
3.08 – 3.13 of the final written address on the offence of
criminal conspiracy to confer corrupt advantage that the
prosecution must prove the ingredients of conspiracy as
follows: (a)
An agreement between the Accused persons to do or
cause to be done some illegal acts or some acts which is
not illegal by illegal means; and
(b)
Each of the
conspiracy.
Accused
persons
participated
in
the
He relied on Section 96 of the Penal Code, Notes on the Penal
Code Law (Cap 89 Laws of Northern Nigeria, 1963) Fourth
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