elements of the offence as required by law and their evidence is not
hearsay as their evidence constitute part of the admissions made to
them by the defendant.
- Section of the Evidence Act, 2011
She further submitted further that the failure of the prosecution to
tender in evidence the AK47 riffle and the 9 rounds of live
ammunition, is not fatal to the case of the prosecution.
- Sani V. State {2012} LPELR 22368
- Umaru V. State {2020} LPELR 50005
As to the offence of armed robbery, prosecuting counsel submitted that
by the evidence adduced by the prosecution before this court, it is
crystal clear that there was robbery incident on the 2nd day of April
2019 during which the defendant armed himself with AK47 riffle,
attacked and disposed 2 Custom officers ASCII Ahmad Madawaki
Ishaku and Abiodun F.A. of their mobile phones which was
established by the evidence of PWS 1-4.
As to the offence of illegal possession of firearms, prosecution
submitted that the evidence PWS 1 and 2 is very clear on the issue as
their evidence shows how the AK47 riffle with the live ammunitions
were recovered from the defendant.
On the offence of attempt to escape from lawful Custody, prosecuting
counsel submitted that the evidence of PW2 shows how the defendant
on the 14/4/2019 attempted to escape from lawful custody at the State
CID prosecuting counsel finally urge the court to hold that the
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