In exhibit D1, the defendant stated as follows:“I could remember on 02/04/2019 at about 0300hrs I went to customs checking point which is located at Illela with the intention to steal handsets. I saw about four handsets which I stole --- but on that day I saw a gun AK47 riffle kept aside and the customs were sleeping, I also stole the riffle with the intention to sale it and have money---.” From the foregoing portion of the defendant’s statement tendered by the prosecution it is not shown that the defendant used AK47 riffle to attack the custom officers with a view to disposes them of their cell phones as the evidence revealed that at the time of the theft, the alleged custom officers were asleep. There is therefore no evidence before this court that the defendant in carrying out the theft voluntarily causes or attempt to cause any death, hurt or wrongful restraint or fear of instant death, hurt or wrongful restrain as required by law. Consequently, in view of all the foregoing, it is the humble view of this court that the prosecution has failed to prove the offence of armed robbery punishable under section 298 (C) of the Sokoto state penal code law Cap. 104 laws of Sokoto state 1996 even if it exist in the said penal code. Accordingly, the defendant is hereby discharged in respect of the offence of armed robbery punishable under section 298 (C) of the Sokoto state penal code law Cap. 104 laws of Sokoto state 1996 but guilty of the offences of theft, illegal possession of firearm and attempt to escape from lawful custody as earlier stated in this judgment. ALLOCUTUS Page 15 of 18