Defence counsel finally urge the court to hold that the prosecution has
failed to establish the essential elements of the offence against the
defendant and discharge the defendant.
Responding to the submissions of the defence counsel, the learned
prosecuting counsel submitted that by the evidence of PWs 1-4 and the
exhibits tendered and admitted, it is very clear that there was armed
robbery incident along Bachaka – Gudu road on the 26/2/2018 at
about 0330hrs in which the defendant and 2 others now at large armed
themselves with sticks, cutlasses and gun and robbed one Shehu
Muhammed and his passengers.
- Otuedon V. Olughor {1997} 7 SCNJ 41
He submitted further that the evidence of the prosecution witnesses
was also corroborated by the contents of exhibit A and A1.
Prosecuting counsel further submitted that burden of Proof does not
mean proved beyond every shadow of doubt as it only entails that
prosecution should produce evidence to justify the charge and indicate
that the defendant did in fact committed the offence alleged against
him.
- Bassey V. State {2012} NCC 379 at 382
Prosecuting counsel finally urge the court to hold that the prosecution
has proved its case beyond reasonable doubt as required by law and
convict the defendant as charged.
Having summarily reproduced the various submissions of both the
prosecuting counsel and the defence counsel, let me state that in our
Page 5 of 12