Legalpedia Citation: (2014) Legalpedia (CA) 81118
In the Court of Appeal
Wed Dec 10, 2014
Suit Number: CA/A/82C/2010
CORAM
ABUBAKAR DATTI YAHAYA JUSTICE, COURT OF APPEAL.
PARTIES
WARRANT OFFICER BANNI YAKUBU APPELLANTS
NIGERIAN ARMY RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant and one other person were charged in the General Court Martial for conspiracy contrary to Section 517 of the Criminal Code Act, which is punishable under Section 114 of the Armed Forces Act 2004. It was the Respondent’s case that the Appellant and the co-accused person conspired with two other persons to get them promoted knowing full well that it was an offence to do so. The Appellant and his co-accused pleaded not guilty to the charge but the General Court Martial found them guilty and reduced the Appellants rank to a Corporal in its sentence. Dissatisfied with the decision of the General Court Martial, the Appellant lodged an appeal in this Court of Appeal.
HELD
Appeal Allowed
ISSUES
Whether in view of the evidence before the General Court Martial, it was right in law to give the verdict of guilt against the appellant?
RATIONES DECIDENDI
PROOF OF CRIMINAL ALLEGATION – CRIMINAL ALLEGATION IS REQUIRED TO BE PROVED BEYOND REASONABLE DOUBT
”A criminal allegation is required to be proved beyond reasonable doubt under Section 135(3) of the Evidence Act, 2011 (as amended). It makes no difference that the criminal trial is in a regular court of law, a court-martial or a general court-martial,” PER M.A.A. ADUMEIN, J.C.A.
OFFENCE OF CONSPIRACY – WHEN IS THE OFFENCE OF CONSPIRACY CONSTITUTED?
“The offence of conspiracy consists not merely in the intention of two or more persons but in the agreement of two or more to do an unlawful act or to do a lawful act by an unlawful means. Where two or more persons agree to carry out an unlawful act that by itself constitutes the offence of conspiracy. See Oduneye V. State (2001) 13 WRR 88 and Shurumo V. State (2010) 19 NWLR (1226) 73, 104 and Ngume V. Attorney-General of Imo State (2014) 7 NWLR (1405) 119, 150”. PER J.E.EKANEM, J.C.A
CONSPIRACY – ELEMENTS OF CONSPIRACY
“The following elements must be present to constitute conspiracy;
(i) An agreement between two or more persons to do or cause to be done some illegal act or some act which is not illegal but by illegal means.
(ii) Where the agreement is other than an agreement to commit an offence that some act besides the agreement was done by one or more of the parties in furtherance of the agreement.
(iii) Specifically that either of the accused persons individually participated in the conspiracy.
See State V. Salawu (2011) 18 NWLR (1279) 580, 614 and Yakubu V.State (2014) 8 NWLR (1408) 111, 123.” PER J.E.EKANEM, J.C.A
PROOF OF CONSPIRACY – CONSPIRACY IS PROVED BY CIRCUMSTANTIAL EVIDENCE AND INFERENCE FROM PROVED FACTS
“Conspiracy is rarely proved by direct evidence but by circumstantial evidence and inference from proved facts”. PER J.E.EKANEM, J.C.A
OFFENCE OF CONSPIRACY – THERE CAN BE NO OFFENCE OF CONSPIRACY IF THE AGREEMENT IS NOT TO DO AN UNLAWFUL OR ILLEGAL ACT
“There can be no offence of conspiracy if the agreement is not to do an unlawful or illegal act, which is an offence or if the means agreed upon to do a lawful act is not unlawful. The burden of proof is always on the prosecution to prove its case beyond reasonable doubt since Section 36 (5) of the Constitution of Nigeria 1999 (as amended) presumes an accused person to be innocent until the contrary is proved.” PER J.E. EKANEM, J.C.A
CASES CITED
STATUTES REFERRED TO
1. Armed Forces Act Cap. A 20 LFN 2004.
2. Constitution of Nigeria 1999 (as amended)
3. Criminal Code Act
4. Evidence Act, 2011 (as amended).
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