Conspiracy Under Criminal Law

In criminal law conspiracy is the agreement of
two or more persons to commit a crime in future. It is not defined anywhere in the criminal code, but under common law. It is an agreement of two or more persons to do an act which is an offence.         However, in the locus classicus case of Majekounmi V. R. (ias 2).4 WACA The West African Court of Appeal applied the definition of conspiracy by Willes J. in Mulcahy V.R. (1868) L.R. 3.H.L 306 at 317: “A conspiracy consists not merely in the intention of two or more to do an unlawful act or do a lawful act by unlawful means. So long as a design rests in intention only, it is not indictable. When two agree to carry it into effect, the very plot is an act in itself… punishable if for a criminal object or for the use of criminal means.”
Note, therefore, that it is the agreement to do an unlawful act or a lawful act by unlawful means that constitute the offence of conspiracy. Per Ngwuta J.C.A.
Niki Tobi J.S.C. in Usma Kusc V. The state enumerated the ingredients of conspiracy as distilled from case law:-
There must be agreement of two or more persons
The persons must plan to carry out an unlawful or illegal act, which is an offence.
Bare agreement to commit an offence is sufficient
One person cannot commit the offence of conspiracy because he cannot be considered as a conspirator.
Conspiracy is complete if there are acts on the part of an accused person which lead the trial court to the conclusion that he and others were engaged in accomplishing a common objective.
In proof of conspiracy the acts or omission of any of the conspirators in furtherance of the common design maybe and very often are given in evidence against any of the conspirators. Also evidence of subsequent conduct of the accused towards the commission of the substantial offence can be proof of conspiracy. It is often inferred from circumstantial evidence. Note also that an accused need not to have inflicted physical assault as propounded in the case of Abacha V. The state (2002)” NSCOR 346 at 353 to be a party to the offence of conspiracy. Bare agreement to commit the offence is sufficient. The actual commission of the offence is not necessary.
I concede that generally as it takes two to conspire, a person cannot be convicted of conspiracy, if the others are acquitted an discharged. However each case must be considered on its own facts.

Nkechi Bright Ewere