The rationale behind this duty upon the prosecution is derivable from the Constitutional provision of presumption of innocence in favour of a Defendant guaranteed by Section 36(5) CFRN 1999 as amended and the provision of Section 135 of the Evidence Act 2011 which provides that whoever assert a particular fact, has a duty to prove it. To prove its case, the prosecution called four (4) witnesses and tendered twenty (20) exhibits marked as Exhibits A, A1, B, C1 – 13 and D1 – 4 respectively. Exhibits ‘A’ and ‘A1’ are the Hausa and English translated versions of the Defendant’s statement made on 21/2/2019. Exhibit ‘B’ is a locally made revolver pistol. Exhibits ‘C1 – 13’ are thirteen (13) line ammunitions. Exhibits ‘D1 – 4’ are four (4) empty shells of AK47. As submitted rightly by both counsel, to secure a conviction for the offence of Armed Robbery, the prosecution must prove the following elements:a) that there was an armed robbery; b) that the Defendant or one of the Defendants was armed with a firearm or offensive weapon; and c) that the Defendant participated in the robbery. - Egbufor V. State (2019) 15 WRN 60 at 73-74. Onyeyemi V. State (2019) 34 WRN 75 at 90-91. Sakiru V. State (2019) 29 WRN 109. John V. State (2019) 37 WRN 143. Page 9 of 21

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