Corroborating the evidence of PW4 and PW5 the 3rd
defendant stated in his statement which is exhibit E1 as
follows:“--- but very unfortunate some youth stormed the bush
we became afraid and ran away. It was on that process
Danairi abandoned his cartridge gun and escaped.”
Although 3rd defendant by the foregoing portion of the
evidence ascribed the ownership of the cartridge and gun,
evidence of PW4 and PW5 clearly points to the 3rd defendant
irresistibly because the identity of both 1st and 2nd
defendants is not cloudy to both the witnesses as their
evidence had shown that they knew the 1st and 2nd defendants
for a very long time even before the incident that led to their
arraignment.
In his evidence, PW4 testified as follows
“I know Alhaji Aliyu Jaye the 1st defendant and Daneri
the 2nd defendant. I know them since I was about 10
years old.”
With the foregoing pieces of evidence and other
circumstances surrounding the case of the defendants, one
can draw inference that evidence exist which establish the
existence of facts required to be proved for the offence of
illegal possession of firearms contrary to section 3 (1) of the
Robbery and Firearms {special provisions} Act Cap. R 11 LFN
2004 against the 3rd defendant.
In the case of Adebayo V. State {2007} ALL FWLR pt 365 p
498 at 519, it was held as follows:-
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