It was the submission of the defence counsel that the evidence of PW1
and PW3 being police officers, are essentially hearsay and inadmissible
because the only evidence of an investigating officer that is admissible,
in evidence of what he saw or discovered.
- Kabiru V. State (2015) 9NWLR Pt 1464 P213
- Ojiako V. State (1991) 2NWLR Pt 175 P578.
- Okoro V. State (1998) 14NWLR Pt 584 P181
- Ugwumba V. State (1993) 5NWLR Pt 296 P660
He argued that the motorcycle being the subject matter of the
purported robbery is an essential exhibit which need to be tendered to
show that there was robbery. That failure amounts to withholding
evidence detrimental to the case of the prosecution.
- Section 167(d) of the evidence Act
- C.O.P V. Ude (2021) 12NWLR Pt 1260 P 189
- Opeyemi V State (1985) 2NWLR Pt 510 P 109
As to the offence of causing hurt while committing the offence of
robbery, it is the submission of the defence counsel submitted that even
if there is proof of causing hurt to the PW2, there is no credible
evidence to show that the hurt was occasioned by the Defendants. The
defence counsel finally concluded by submitting that in view of the
prosecution’s failure to prove all the element of the offences against the
Defendants, this case ought to be dismissed by discharging and
acquitting the Defendants.
In response to the submissions of the defence counsel, the prosecuting
counsel submitted that by the evidence of PW2 and the statements of
the Defendants and Exhibits ‘A’ and ‘A1’ it is apparent that the
prosecution has proved all the elements of the three (3) offences
against the Defendants beyond reasonable doubt.
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