NORTHERN ASSURANCE COMPANY LTD VS STEPHEN IDUGBOE
September 2, 2025ARNOLD NWAFIA VS NWANAKUO UBUBA
September 2, 2025Legalpedia Citation: (1966-03) Legalpedia 83362 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Mar 10, 1966
Suit Number: SC 625/1964
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
PARTIES
PAUL ONOCHIE AND ORS
APPELLANTS
THE REPUBLIC
RESPONDENTS
AREA(S) OF LAW
Criminal law- Conspiracy -burden of proof
SUMMARY OF FACTS
The applicants were convicted by Sowemimo J. for breaking into a store of the United Bank for Africa in the small hours of the night between the 26th and 27th May, 1963 and stealing two bales of pieces of cotton prints. That was the 2nd count. In regard to the 1st count, which accused them of having conspired to break in and steal
HELD
That the learned judge ought to have convicted them on the 1st count of conspiring to break in
ISSUES
Whether the trial court was right to have discharged the accused persons acquitted?
RATIONES DECIDENDI
PROOF OF CONSPIRACY
If two or more persons break into a store in company, it must be because they had conspired so to do. Sometimes there is direct and distinct evidence on the hatching of the plot: an accomplice or informer is called by the prosecution and he gives evidence of it; but such evidence is not indispensable. It is open to the trial court to infer a conspiracy from the fact of doing things towards a common end.-Per Bairamian, J.S.C.
CASES CITED
STATUTES REFERRED TO
