person, or property in order to obtain or retain the
thing stolen, or to prevent or overcome resistance to
its being stolen or retained.”
By paragraph 14.0 of the adopted written address of the
defence, the defence counsel submitted that by the provisions
of Section 135(1) of the Evidence Act 2011 and other plethora
of cases, the prosecution is required to prove the elements of
the offence against the Defendant beyond reasonable doubt,
and further argued that the elements of the offence of armed
robbery, are as follows:a) That there was robbery or series of robberies;
b) That each robbery was an armed robbery; and
c) That the Defendant was one of those who participated.
- Udo V. State (2016) 34 WRN 60.
- FRN V. Uheh (2019) 191 WRN 117.
- Golit V. IGP (2020) 19 WRN 1
The prosecution by their paragraph 1.3 of the adopted written
address, also agreed with the defence counsel with regard to
the elements of the offence which the prosecution is required
to proof beyond reasonable doubt.
- Bozin V. State (1985)2 NWLR pt 8 p 465.
The defence counsel while arguing their position, submitted
that the prosecution by the evidence of the prosecution
witnesses, has failed to prove its case beyond reasonable doubt
against the Defendant as the case of the prosecution against
the Defendant was capitalized on suspicion which he said
cannot constitute the basic of convicting the Defendant for the
offence alleged against him.
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