in chief testified that two of the robbers were on top of the motor cycles, while the other two entered inside the bank. The witness therefore contradicted himself under cross examination when he testified that the defendant was standing at the entrance of the bank. Apart from this, I cannot fathom how the defendant will point a gun at a witness and even threatened to shoot him w~.en the said witness admitted that when the robbers came ; he hid. inside one of the vehicles. The learned counsel for the prosecution by his contentions showed that he did not appreciate the import of the question put to t_ he witness and his answer when the following transpired:"Q. At what point did the defendant point the gun at you as you were hiding in the vehicle? A. He was standing at the entrance of the bank, the other person entered the bank and he pointed the gun at me. I then ran away because I was not having a gun and I hid myself besi~e a vehicle. 11 Now, was the gun pointed at the P.W.3 when he was hiding inside a vehicle? If so, did he ran out of the vehicle and hid himself beside the same vehicle or another vehicle. I have as such , considered the import of the evidence of the P.W.3 on the point and the contention of the learned counsel for the defendant that the failure to produce and tender the gun as w~II as the sum stolen is fatal to the case of the prosecution. However, it must be borne in mind that in criminal cases, it is only when all the perpetrators of the crime were arrested at the scene of crime while committing the offence that the weapons used or the things stolen can be recovered from them . In most cases they dispose of these things immediately after the commission of the offence in order to avoid suspicion. But whe~e there is cogent, reliable and authentic oral evidence which the Court admits and believes, the failure to tender the weapon employed in a robbery and the thing stolen cannot be prejudicial to the case of the prosecution. SEE: ATTAH VS. STATE (2009) 15 NWLR (PT. 1164) 284. VICTOR VS. STATE (2013) 12 NWLR (PT. 1369) 465. 10

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