On the 1/2/2021, both the prosecution and the defence counsel
adopted their respective written address and the case was
adjourned for Judgment which could not delivered within time
due to JUSUN strike and subsequent vacation until today.
The defence counsel in his adopted written address,
formulated one issue for determination, that is:“Whether having regard to the leaky evidence of the
prosecution coupled with the incontestable defence
of the Defendant, the court could hold that the
prosecution has mandatorily proved its case to a
standard of beyond reasonable doubt as required in
criminal.”
The prosecuting counsel also formulated one (1) issue for
determination which is hereby reproduced as follows:“Whether from the totality of the evidence adduced
by the prosecution, could it be said that the
prosecution proved its case against the accused
person beyond reasonable doubt as required by
law.”
For the purpose of this Judgment, this court has adopted the
sole issue as formulated by the prosecution with some little
paraphrasing as follows:“Whether from the totality of the evidence adduced
before the court, the prosecution has proved its case
beyond reasonable doubt against the Defendant.”
The case of the prosecution against the Defendant for the
offence of Armed Robbery contrary to Section 1(2) of the
Robbery and Firearms (Special Provisions) Act Cap R11 Laws
of the Federation of Nigeria 2004, is as presented by the
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