As to the 2nd element, the evidence of PW1 and PW2, shows
that during the robbery incident against PW1 and his family,
the robbers were armed with dangerous weapons as there was
used of firearms gun shots were heard during the incident as
disclosed by the evidence of PW1 and PW2 respectively. I
therefore agree with the prosecuting counsel that the
prosecution by the evidence of PW1 and PW2, has proved the
second element.
As to the 3rd element, PW1 during his evidence-in-chief,
testified as follows:“When they entered into our room, they also shot
my wife on the stomach….At that time, I heard my
wife saying ‘Jammare so you are the one who want
to kill me? He then took a knife and stabbed her on
her stomach. It was this Defendant who stabbed my
wife with the knife.”
When PW1 was asked under cross-examination whether he
knew the Defendant before the incident and as an armed
robber, PW1 answered as follows:“I know him even before the incident. I know him
as an armed robber even before our own incident.”
Corroborating the evidence of PW1 on the dying declaration
of late Salamatu Umar, PW2 testified during his evidence-inchief as follows:“When we arrived at Gwadabawa Hospital and
observed that there was nobody in the hospital, we
decided to proceed to Specialist Hospital, Sokoto.
while we were on transit, Salamatu kept saying
Page 12 of 21