In order to establish the charge of conspiracy, it is respondent’s burden to prove that there was agreement between the appellant and another person to commit robbery and that the robbery had infact been committed. The offence of conspiracy is established once the Court is satisfied that the appellant and any other person had and knew of the intention or purpose of the conspiracy. This agreement between the conspirators to commit the unlawful act is, in most cases, inferred or presumed. See N. OSUAGWU V. THE STATE (2013) 1-2 SC (PT1) 37 and AFOLABI V. STATE (2016) LPELR – 40300(SC).
— M.D. Muhammad, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)