confessional statement will be relevant if it establishes beyond
reasonable doubt the ingredients of the offence for which the
defendant is charged as well as the identity of the defendant.
Again, before there can be said to have been an armed robbery,
the defendant or defendants must have stolen something which is
capable of being stolen ·with violence or being armed vyith
dangerous weapon: Any person who is in company of a person
armed while robbery is being committed is also guilty of
commission of armed robbery. Having painstakingly read Exhib.it
"C" it is clear to me that it demonstrated clearly that there was a
robbery on the 6th day of March, 2013 at Oluchukwu Micro Finance
Bank Ltd, Holy Cross Parish, Nkpor-Agu where an undisclosed
sum of money was stolen and the defendant was shown to be
among those who' took part in perpetrating the robbery. However, '
at the concluding. portion of Exhibit "C", the defendant made it
clear that they we:re not armed at the point in time . It is therefore
pertinent at this juncture to reproduce the concluding portion of
Exhibit "C". At the concluding portion of Exhibit "C" it reads :1
"/ did not carry any gun. Nobody carry gun for this
job. That our informant told us that it is only one girl
that is staying in the bank .. .. "
•
It is therefore, cry~tal clear that the concluding portion of Exhibit
"C" reproduced above showed that the robbery was not an armed
robbery. This is in tandem with what the prosecution has been
able to prove so far. I am therefore of the opinion that Exhibit "C" is
not confessional statement made by the defendant wherein he
admitted all the ingredients of the offence of armed robbery with
which he was charged . In my view, as long as the offence of
armed robbery which the defendant is alleged to have committed
is concerned, Exhibit "C" is not a confessional statement made by
the defendant · stating or .suggesting the inference that he
committed armed robbery. However, the defendant in Exhibit "C"
confessed to having participated in the commission of a lesser
offence of robbery or stealing. Accordingly, Exhibit "C" purports to
be a confessional statement stating or suggesting the inference
that the defendant participated in the commission of a lesser
offence of robbery or stealing at Oluchukwu Micro Finance Bank
Ltd, Holy Cross Pari.sh, Nkpor-Agu on the 61h day of March, 2013.
We are now left with the last ingredient of the offence which the
prosecution has the burden to prove beyond reasonable doubt.
12