“Generally, conspiracy is an agreement by two or more persons to commit an offence or do an unlawful act, coupled with an intent to achieve the agreement’s objective and action or conduct which furthers the agreement. The Oxford Advance Learners Dictionary 6th Edition also defines conspiracy as “a secret plan by a group of people to do something harmful or illegal.” In a charge of conspiracy, proof of actual agreement is not always easy to come by as such agreements are hatched in secrecy. Thus a trial Court can infer conspiracy and convict on it if it is established to its satisfaction that the accused persons, pursued, by their acts, the same object, one performing one part of the act and the other performing the other part of the same act so as to complete their unlawful design. The offence of conspiracy is complete once a concluded agreement exists between two or more persons that share a common criminal purpose. It is immaterial that the persons had not met each other and concluded; an agreement can be inferred from what each person does or does not do in furtherance of the offence of conspiracy. See Adeleke v State (2013) 16 NWLR (pt 1381) 556, Oduneye v State (2001) 2 NWLR (pt 697) 311, (2001) LPELR – 2245 (SC), The State v Salawu (2011) 18 NWLR (pt 1279) 580.” Per OKORO, J.S.C. at P. 4, D-F.
CHIBUIKE OFORDIKE v. THE STATE (2019-LCER-36844-SC)
Facts
This is an appeal against the judgment of the Court of Appeal holden at Benin Division delivered on 14th June, 2016 wherein the lower Court upheld the decision of the trial Court which convicted and sentenced the appellant to death by hanging in count two and to 10- and 7-years imprisonment with hard labour in counts one and three respectively.
A summary of the facts leading to this appeal as can be gleaned from the records shows that one Mrs. Dora Karawe who testified as PW1 was going to Adult School Effurun on 23rd June, 2003 at about 3.00pm when she met the accused person and one other. They stopped her and forcibly took her bag, threatened her with a shot gun and broken bottle, removed the sum of N2,000 (two thousand naira) contained in the bag, dragged her into the bush and raped her because, according to them, the money in the bag was not enough. The PW1 was shouting whilst the act of rape was on and somebody who heard her shout came and they fled. The PW1 and others who also came to the scene pursued and caught the Appellant who was then dragged to the police.
Upon the appellant being caught, he started begging saying “Madam, forgive me, madam forgive me, it is devil work.” The Adult school that PW1 was going to is at Ufuoma Baptist Church, Effurum around Ogheneovo Housing Estate, Effurum. The distance they ran before arresting the appellant was about 200 yards. PW1 stated that the appellant tore her skirt, her knicker and pant and that the appellant could not have erection and ordered her to caress his penis so that his penis could be erect and out of fear, she did it and the appellant was able to penetrate her. One of the women who came around as a result of the alarm she raised, gave her a wrapper to cover her nakedness. PW1 later went to the police station and made a statement.
The appellant who testified on his behalf before the trial Court denied committing the offences of armed robbery and rape. He testified that on 23rd June, 2003, he was going along PTI Road Effurum on his way to work when he saw two men standing on the road with a boy sitting on the ground. The boy was being questioned, and that he was called by the two men, and getting to them, they freed the boy sitting down and started interrogating him. He told them he was going to buy a pair of shoes and showed them the N5,800 he was going to purchase the shoes which is worth N5,500. He was asked to sit on the ground where upon they sent for a woman who came and was crying and upon seeing him said he looked like the person. The two policemen started beating him and collected the money in his pocket. The police eventually arrived and he was arrested. At the police station, the IPO, according to him, forced him to sign a statement.
At the end of trial at the High Court, both counsel addressed the Court. In his judgment, the learned Trial Judge, on 13th July, 2010 convicted the appellant on three counts of conspiracy to commit armed robbery, armed robbery and attempted rape and sentenced him to 10 years imprisonment with hard labour, Death by hanging and seven years imprisonment with hard labour respectively.
Aggrieved with the judgment of the learned trial Judge, the appellant appealed to the Court of Appeal which upon hearing the appeal, dismissed the appeal in its judgment delivered on 13th July, 2016.
Further dissatisfied with the judgment of the lower Court, the appellant has appealed to this Court vide Notice of Appeal filed on 13th July, 2016.
Issues
1. Whether the Court below was right to uphold the Appellant?s conviction for conspiracy when the prosecution failed to discharge the burden of proof required by law to establish the offence of conspiracy.
2. Whether the Court below was right to uphold the Appellant’s conviction on the three counts for which he was charged based on exhibit A, his purported confessional statement, in all the circumstances.
3. Whether the Court of Appeal was right when it upheld the Appellant’s conviction for armed robbery and Attempted Rape when the elements of both offences were not established by cogent evidence.
Lead Judge(ment)
JOHN INYANG OKORO, J.S.C. (Delivering the Lead Judgment)
Held
Appeal Dismissed.
Alternate Citations
Read Full Judgment
Counsel:
Chijioke O. P. Emeka, Esq. with him, S. T. Oyerinde, Esq……For Appellant
And
O. F. Enenmo, Esq. (Director, Appeals, Delta State Ministry of Justice) with him, Charles O. Agbagwu (Asst. Director) and E.E. Erebe (Chief State Counsel)…..For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.