Alto --- met at Boto hill where we discussed that we
should came out on Sunday and block the road that leads
to Bachaka --- On Monday at about 0200hrs we met at
Boto hill Iftimanere Alto was holding a gun a police type
while Jaho was holding a machete, while I was holding a
stick and a touch light. When a vehicle came, I was the
one that flashed my touch light and stopped the vehicle,
then Jaho and Iftimanere packed some properties from
the vehicle but I don’t know the type of the properties they
packed---.”
In view of the foregoing, pieces of evidence adduced by the
prosecution before this court, the question now is has the prosecution
proved its case beyond reasonable doubt against the defendant in
respect of the offence of robbery alleged against the defendant as
required by law?
Going by the decision of the Supreme Court in the case of Aliyu V.
State {supra} earlier referred to in this judgment the 1st element for the
offence of robbery, is that there was robbery.
By the evidence of PW3, Pw4 and statement of the defendant which
was admitted in evidence and marked as exhibit ‘A’ and ‘A1’ it is very
clear that there was an armed robbery in February, 2018 along Gudu
Bachaka road, in Gudu Local Government Area of Sokoto state.
Consequently, I hold that the prosecution has the 1st element of the
offence.
As to the 2nd element that the robbery was an armed robbery, this court
is also of the humble view that by the evidence of PW3, PW4 and the
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