“….On
our
reaching
Buzaye
Mechanical
Workshop
Abdulmuminu removed one iron and started beating the
Kabu-Kabu man. We also continue beating them. We then
overloaded ourselves one Daylong motorcycle.
The substance of the contents of the statement of both 1st and 2nd
defendants, also further corroborated the evidence of PW2 with respect
to the grievous hurt caused by the defendants against PW2.
The evidence of PW2 having been corroborated by the respective
statements of the defendants, is hereby accepted and believed as the
truth of what has actually happened having been further substantiated
by exhibits A and A1 which are the iron rods believed to have been used
by the defendants in causing the grievous hurt against the said PW2.
From the foregoing pieces of evidence it is the finding of this court that
the defendants did in fact caused grievous hurt against the person of one
Isah Samaila who testified as PW2 without any provocation. Having
found as above, I also agree with the submission of the prosecuting
counsel that the prosecution has proved all the elements of the offence of
causing grievous hurt beyond reasonable doubt and found the
defendants guilty as charged.
As to the offence of robbery contrary to section 298(c) of the penal code,
and as rightly submitted by both counsel, to secure a conviction for the
offence of robbery, the prosecution is required to prove the following
elements:(i)
That there was robbery incident,
(ii)
That the defendant(s) or one of the defendants was armed with
a dangerous or offensive weapon; and
(iii)
That the defendant(s) participated in the robbery.
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