(iii) That the defendant participated in the robbery. - Pedro V. State {2018} 17 NWLR pt 1649 p 463 - Ogugu V. State {1990} 2 NWLR pt 134 p 539 - Kim V. State {1992} 4SCNJ 81 Although by the second count charge as contained on the charge sheet, the defendant was alleged to have attacked one ASCII Ahmad Madawaki Ishaku and one Abiodun F.A who are custom officers on stop and search duty with AK47 riffle and dispossessed them of their mobile phones Techno WX3P, Techno Tablet and Nokia 106 valued at N32,000, N50,000 and N8,000 respectively, the said custom officers did not appear before this court and testify to those facts despite their being vital witnesses in proving allegation. A vital witness is a witness whose evidence may determine a case one way or the other, and where that vital witness is not called by the party in whose favour the witness may testify, such failure is fatal to the case of that party failing to call the vital witness. - State V. Innolin {1994} 5 NWLR pt 345 p 394 - Imhanria V. Nigeria Army {2007} 14 NWLR pt 1053 p 76 - Framo Nig Ltd V. Daodu {1993} 3 NWLR pt 281 p 372 The only evidence led by the prosecution explaining the circumstances under which the AK47 riffle and mobile phones came to the defendant, is the statement of defendant admitted in evidence and marked as exhibits ‘D’ and ‘D1” for Hausa and English translated versions respectively. Page 14 of 18