Will Conviction for Conspiracy be Appropriate Where the Substantive Offence has Not Been Proved?

CASE TITLE:  UCHE v. STATE (2025) LPELR-82590(CA)

JUDGMENT DATE: 1ST DECEMBER, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: MUSLIM SULE HASSAN, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Criminal Law and Procedure.

FACTS:

This is an appeal against the judgment of the High Court of Ekiti State, sitting at Ado-Ekiti, delivered by his Lordship Hon. Justice O.I.O. Ogunyemi on the 30th day of June, 2023.

The Appellant was charged with the offence of conspiracy contrary to Section 516 of the Criminal Code Law, Cap C16, Laws of Ekiti State of Nigeria, 2012; assault occasioning harm contrary to Section 355 of the Criminal Code Law, Laws of Ekiti State, 2012; attempted murder contrary to Section 320 of the Criminal Code Law, Cap C16, Laws of Ekiti State, 2012; and stealing contrary to Section 390 (9) of the Criminal Code Law, Cap C16, Laws of Ekiti State of Nigeria, 2012.

The Appellant pleaded not guilty to all the counts. In proof of the case, the prosecution called three witnesses and tendered several exhibits. The Appellant testified in his defence and tendered no exhibit.

At the end of trial, the trial Court found the Appellant guilty on all counts of the offence and sentenced him to 20 years’ imprisonment. The Appellant was dissatisfied with the decision of the Court and therefore filed this appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal on the sole issue of:

“Whether the prosecution proved its case against the Appellant beyond a reasonable doubt.”

DECISION/HELD:

The appeal was dismissed.

RATIOS:

• CONSTITUTIONAL LAW- PRESUMPTION OF INNOCENCE: Presumption of innocence of an accused person; duty of prosecution to rebut same
• CRIMINAL LAW AND PROCEDURE- GUILT OF AN ACCUSED PERSON: How to establish/prove the guilt of an accused person
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Proper approach to an indictment which contains a charge of conspiracy and a substantive charge
• CRIMINAL LAW AND PROCEDURE- GRIEVOUS HARM: Ingredients that must be proved to establish the offence of causing of grievous bodily harm
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Whether conviction for conspiracy will be inappropriate where the substantive offence has not been proved
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Proper approach to an indictment which contains a charge of conspiracy and a substantive charge
• EVIDENCE- CROSS-EXAMINATION: Whether the defence in a criminal matter must challenge all the evidence it wishes to dispute by cross-examination and not at defence stage
• EVIDENCE- EVIDENCE OF WITNESS(ES): Whether a trial Judge has the liberty to believe or disbelieve a witness; when same can be questioned on appeal

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