adversarial system of criminal justice, it is trite law that in criminal
trials, it is the duty of the prosecution to prove its case beyond
reasonable doubt against the defendant who is being charged with
allegation of committing a crime.
- Ajibade V. State {2013} 8 NCC 221
- Smart V. State {2016} LPELR 40827
- Akinlola V. State {2015} LPELR 25986
The rationale behind this duty upon the prosecution, is derived from
the constitutional presumption of innocence in favour of the defendant
which has been guaranteed by section 36 (5) of the Constitution of the
Federal Republic of Nigeria 1999 as amended.
- State V. Odomo {2019} 24 WRN 164
- Tobi V. State {2019} 14 WRN 149
- Nwodo V. State {2019} 20 WRN 58
By the contents of the charge sheet, the defendant is alleged to have
committed the offence of robbery along Bachaka - Gudu road in Gudu
Local Government Area of Sokoto in that according to the charge, the
defendant along with others now at large, armed themselves with stick,
cutlass and gun, blocked the road and thereafter attacked and robbed
one Shehu Muhammed and his passengers the sum of N287,720 four
{4} handsets, clothes and some provisions the value of which were not
ascertained in the recent case of Aliyu V. State {2023} 18NWLR pt
1915 p1 Ratio 3 at page4, the Supreme Court has held that to prove the
offence of robbery, the following elements must be established by the
prosecution:-
Page 6 of 12