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his head. They took them to SARS office for investigation .
Thereafter, the defendants volunteered their statements and each
of them admitted the offence. The witness tendered the
statements of the defendants and the Police Investigation Report
as Exhibits "C", °C 1" , "D" and "E" respectively.
I
However, it is clear that the P.W.3 was not at the scene of 1e:;rime.
His evidence that the defendants fired many gun shots during the
robbery operation is not an account of what he saw. His evidence
is that he was a member of the investigating police team and was
not an eye witness of the crime . Even at that, he agreed under
cross examination that he did not see the defendants robbing the
complainant and when the defendants were arrested , no locally
made gun or dangerous weapon was found on them . In that
regard , the learned counsel for the defendants in his written reply
address on points of law contended that the prosecution did not
prove that the defendants were armed or in company of anybody
armed at the material time. Th is case is therefore one of the
exceptions in that the learned counsel for the defendants has
challenged the claim of the prosecution that the robbery was an
armed robbery. For the prosecution to succeed in proof of the
offence of armed robbery aga inst the defendants, as rightly
submitted by the learned counsel for the parties in their final
written addresses , the following ought to be proved beyond
reasonable doubt to wit: (a) that there was a robbery or series of robberies ;
(b) that each robbery was an armed robbery , and
(c) that the defendant was among those who took part in the
armed robbery.
SEE : BASSEY VS . THE STATE (2012) LPELR - 7813
(SC) 1.
SOWEMIMO VS . STATE (2012) 2 NWLR (PT.
1234) 400.
ONllSH-~
ISIBOR VS . STATE (2002) 3 NWLR (PT. 754) 250.
As I said earlier, I have carefully considered the evidence adduced
by the prosecution on the crucial point. I must say that I believe