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OFFENCE OF CONSPIRACY – WHAT CONSTITUTES THE OFFENCE OF CONSPIRACY

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"With the offence of conspiracy, it is seldom proved by direct evidence. The offence was adequately defined by the learned counsel to the Respondent as the agreement by two or more people to do an act at once, on a future date or certain time in agreement with a common goal to achieve their objective, then the offence is complete. The substantive offence need not have been committed. To omit to do an act criminally also constitutes the offence. See, State Vs. Salawu (2011) LPELR – 8252 (SC) PP. 38 – 39, Paragraphs E – A, Kayode Vs. State (2016) LPELR – 40028 (SC) P. 32, Paragraphs A – B, ACN & Anor Vs. INEC & Ors (2013) LPELR – 20300 (SC) P. 18, Paragraphs C-D and Adeleke Vs. State (2013) LPELR – 2097 (SC) PP. 38-39, Paragraphs G-A. The important thing is the common intent of the defendants working in common to achieve their common criminal objective where the accused person is pinned to the scene of the offence charged the act of each of them in furtherance of their common criminal intention is taken to be the act of each and everyone of them"

 

PER C. N. UWA, J.C.A IN THE CASE OF ALI MUSA VS FEDERAL REPUBLIC OF NIGERIA:LER[2019] CA/ YL/195C/17



   
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