Counsel contended that there is no special order by which an investigating
officer can record the statement of parties whose case he is investigating.
Counsel submitted that the Prosecution had given a satisfactory
explanation for the delay in making Exh C, J and H on page 81 of the
Record. He cited Sunday Anyanwu v. State (1986) 5 NWLR (Pt. 43) 612;
Ani v. State (2009) All FWLR (Pt. 481) 1044 at 1064. Counsel submitted
that Exh C was admitted in evidence at the instance the Appellant he cited
Nwachukwu v. State (2002 FWLR (Pt. 123) 312 at 335.
Respondent's counsel argued that the Lower Court did not base its
conclusions on Exh A, D and E but on H, the report of PW4 who was the
investigation Police Officer who investigated the case, nor did the trial
judge use Exh A, D and E to corroborate any part of the Prosecution's case.
Counsel submitted that the inability of PW1 to remember the exact date
she made Exh B is not a material contradiction and PW5 did not give
evidence of a particular brand of car but rather said it was either a Toyota
or Honda Jeep and that there are no material contradictions in the
testimonies of Prosecution witnesses. Counsel submitted that minor details
omitted due to lapse of time cannot amount to material contradiction to be
fatal to prosecution's case must go to the substance of the case and not be
of minor nature. Counsel cited Sele v. State (1993) 1 SCNJ 15 at 22.
Counsel submitted that the trial Court based its findings on Exh C and not
just Exh B and that PW1 and PW2 forwarded their petition in May and
even the reports started in May and not in July when their statements were
made.
Respondent's submitted that Exh B is not inadmissible evidence as failure
of PW1 to remember the date it was made cannot affect its admissibility
but may rather affect the weight to be attached to it.
Resolution
In cases of armed robbery, there are three essential ingredients to be
proved by the prosecution. They are set out below:
a. That there was robbery
b. That the robber or robbers were armed with offensive weapons
c. That the accused person(s) was the robber or one of the robbers.