By Funmilayo Olagunju

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Conspiracy is another inchoate offence that is punishable without the actualization of the target offence. Conspiracy is the agreement of two or more people to perform an illegal act or to perform an act through unlawful means.

“… An offence of conspiracy can be committed where persons have acted either by an agreement or in concert.

A bare agreement to commit an offence is sufficient.

The actual commission of the offence is not necessary”.

See the case of Sule v. The State 2009 Vol 17 NWLR pt. 1169.

There must an act of conspiring between at least two people towards an illegal act before the conspirators become liable for conspiracy.

A person who conspires with another to commit felony against the law of a State is liable to Seven years imprisonment or a lesser lesser imprisonment provided for the act.

A person who conspires to commit an offence which is not a felony is guilty of a misdemeanor and is liable to imprisonment for 2 years.

Section 518 of the Criminal Code Act prohibits other conspiracies:

Any person who conspires with another to effect any of the following purposes –

(1) to prevent or defeat the execution or enforcement of any Act, law, statute, or order; or

(2) to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; or

(3) to prevent or obstruct the free and lawful disposition of any property by the owner thereof for its fair value; or

(4) to injure any person in his trade or profession; or

(5) to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession, or occupation; or

(6) to effect any unlawful purpose; or

(7) to effect any lawful purpose by any unlawful means,

is guilty of a misdemeanor and is liable to imprisonment for two years. An offender cannot be arrested without warrant.

In respect to trade disputes, anything that does not constitute an offence if done by a single person will not amount to conspiracy if there is an agreement or contemplation of two or more people towards it.

“Do not call conspiracy everything this people calls a conspiracy; do not fear what they fear, and do not dread it.”

Isaiah 8:12