In the instant case, I have carefully considered the evidence
adduced by the prosecution on the crucial points. I must say that I
believe the P.W.1 that in the afternoon of the 5th day of March,
2013 there was a robbery at Oluchukwu Micro Finance Bank, Holy
Cross branch, Nkpor and a total sum of N728, 530.00 from the
bank's money in her possession was stolen . Exhibit "8 wh ich is
the bond with which the money recovered from the perpet rators of
the offence was . released to the bank supports this finding . The
P.W.3 in one breadth stated that he hid beside a vehicle when one
of the robbers pointed a gun at him and he ran away. In another
breadth he admitted that when the robbers came , he hid inside a
vehicle. The witness contradicted himself in his testimony before
the Court on the crucial point. If the robbers came with A.K.4 7 rifle
as claimed by the P.W.3 naturally they will enter the bank where
they are to steal the money with the gun. The evidence that the
robbers·came with a gun but did not enter the bank where they are
to steal the mon~y with the gun does not accord with common
sense. I don't believe the P.W.3 who was hiding inside a vehicle
when the robbers came that one of the robbers pointed a gun at
him. It is therefore clear to' me that the evidence of the P.W.3 that
one of the robbers was carrying A.K.47 rifle and pointed it at him
before he ran away because he had no gun when he admitted that
when the robber$ came he hid inside the vehicle was merely
meant to impress. I don't believe the P.W.3 that the robbers were
carrying A.K.47 rifle. The implication of my doubting this evidence
of the P.W.3 and not believing him on this crucial point is that the
prosecution has, not been able to prove that the robbery at the
bank was an armed robbery. It follows that the prosecution has
successfully proved beyond reasonable doubt if un-contradicted
that there was a: robbery in the afternoon of the 5th day of March,
2013 at Oluchukwu Micro Finance Bank, Holy Cross Parish, Nkpor
but failed to establish that the robbery was an armed robbery.
11
1
This will now take me to the extra judicial statement of the
defendant tendefed by the P.W.2 and admitted as Exhibit "C". Is
Exhibit "C" really confessional statement? When then is a
statement confessional. By the provisions of section 28 of the
Evidence Act, 2011 "a confession is an admission made at any
time by a person charged with a crime, stating or suggesting the
inference that he · committed that crime ." For a statement to
constitute a confes$ion, the maker must admit or acknowledge that
he committed the offence for which he is arrested . The admission
must be clear, precise and unequivocal. In other words, a
II