- Kachi V. State (2015) 9 NWLR pt. 1464 p. 213 at
234-235.
- Ogwumba V. State (1993) 5 NWLR pt 296 p 660.
- Oladejo V. State (1994) 6 NWLR pt 348 p 101.
- Edet V. State (2014) LPELR 23124.
Defence counsel in his argument at paragraphs 4.1.26 – 4.1.28 of their
adopted written address submitted that even if there was robbery, the
robbery was not an armed robbery as there was no evidence of use of
arms. It was his submission that even the cutlass that was recovered
allegedly, the person who recovered it was never called to give
evidence. He further argued that since the incident happened around
10:45pm in the night when the vision is impaired, the evidence of PW4
who gave evidence of what happened cannot be relied upon to fix the
Defendants to the robbery scene and commission of all the offences
against them.
He finally concluded by submitting that the prosecution having failed
to prove all the elements of the three (3) offences with which the
defenders are charged, the Defendants are entitled to be discharged and
acquitted and urge the court to do so.
In his reply to the submissions of the defence counsel, the prosecuting
counsel submitted that the requirement of the law with respect to
conspiracy is for the prosecution to establish meeting of the minds of
the conspirators and some community efforts on the part of the
accused persons aimed at committing a crime. He argued that by
Exhibits A, B, C, D, G and G1 and the evidence of PWs 1, 2, 3, 4, 5
and 6, it is conspicuously clear that the Defendants did conspire to
commit the offences in question and urge the court to hold that the
prosecution has proved the offence beyond reasonable doubt.
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