defendant’s village called Tozai in Illela Local Government Area of
Sokoto State without licence.
By wordings of section 3 (1) of the Robbery and Firearms {Special
Provisions} Act Cap. R11 Laws of the Federation of Nigeria 2004,
which created the offence, it is crystally clear that the offence is strict
liability offence as once a firearm is found either in possession of the
defendant, or under his control without licence, the offence is
complete.
- Birifou V. State {2020} LPELR 49673
- Oladotun V. State {2011} 10 NWLR pt 1256 p 542
- Bille V. State{2016} 15 NWLR pt 1536 p 363
- Kayode V. State {2016} 12 NCC 131
- Okashetu V. State {2018} 6 SC pt 1711 p 155
in view of the foregoing, it is the humble view of this court that the
prosecution has proved the offence of illegal possession of firearm
punishable under section 3 (1) of the Robbery and Firearms {Special
Provisions} Act Cap R11 Laws of the Federation of Nigeria 2004
against the defendant beyond reasonable doubt as required by law and
accordingly found you Alh. Garba Umar Alias Bukkolori guilty as
charged.
As to the offence of armed robbery punishable under section 298 (c) of
the penal code law Cap. 104 Laws of Sokoto State 1996 as captured by
count 2 on the charge sheet of the amended charge, I have gone
through the entire section 298 of the said penal code law and unable to
see subparagraph ( C) of section 298 as the prosecution claimed on the
charge sheet. For the avoidance of doubt, the entire section 298 of the
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