EPHRAIM OMOROSE IBUKUN AKPATA, J.C.A. (Delivering the Leading Judgment): What is conspiracy? Does it require direct evidence to establish it? Can an accused person acquitted of committing the substantive offence be convicted of conspiracy? Can it be inferred from the failure of a bank official to detect a number of forged cheques that he conspired with others to commit forgery and theft" These are the questions which have surfaced in this appeal.
Between November 1979 and February 1980 Olusola Adedeji, the 3rd appellant, was the Accountant of the Societe Generale Bank Nigeria Ltd. Ilorin. The 2nd appellant, Lawrence Adeniranye, who did not prosecute his appeal was a clerk in the Bank having custody of the Bank's cheque between November 1979 and May 1980. The 1st appellant, Timothy Abioye, was the Computer Room Supervisor of the Bank and his duty was to verify all signatures on cheques presented by customers he being in charge of specimen signature cards.
Sometime in April or May 1980 …