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