At the conclusiqn of evidence, the parties filed and exchanged
written addresses in compliance with the orders of the Court m9de
on the 14th day ·of November, 2016. As such, on the 1?1h day\of
January, 2017 the learned counsel for the defendant adopted the
final written address dated the 3rd day of January,2017 but was
filed on the 16th day of January, 2017 as their final argument in this
matter and urged the Court to dismiss the charge. For the
prosecution, her learned counsel placed reliance on the
arguments canvassed in the final written address which was filed
on the 1ih day of January, 2017. He urged the Court to enter a
verdict of guilty : aiainst the defendant. The charge was then
adjourned to the 16t day of March, 2017 for judgment.
In the final written address of the defendant, his learned counsel
formulated a sole issue for the determination of this Court to wit:"Whether 'from the totality of evidence adduced,
the prosecution has proved the cases of
conspiraGy to commit armed robbery and
armed robbery against the defendant beyond
reasonable doubt?"
For the prosecution, her learned counsel in his final written
address equally framed a lone issue for the determination of this
Court. The issue for determination is as follows:"Whether tne prosecution has proved the charge
against the defendant beyond reasonable
doubt?
I have looked at the sole issue for determination variously distilled
by the learned counsel for the parties in this charge . On sober
reflection on the sets of issue for determination as formulated on
behalf of the parties shows clearly that the sole issue for
determination settled by the learned counsel for the defendant is
similar and related to the lone issue for determination prepared by
the learned counsel for the prosecution in their final written
addresses. Any of the sets of issue for determination formulated
by the parties is apt, relevant and germane to determine this
charge. I shall adopt the sets of issue for determination in the
consideration of this charge but for easy understanding , I shall
address the sole issue for determination as follows:-
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