defendant as one of the robbers who robbed us . There were other pol icemen that
were there that day.
Qtn : Apart from the police officers there, it was only the 2 nd defendant that was the
suspect there when you went to identify him, is that correct?
Ans: It is correct.
I deliberately reproduced PW l "s ev idence which was elicited under cross examination because of the issue of identification of the robbers that robbed her
and her sisters. More so, the PW 1 appears to be the star witness of the prosecution .
From both her evidence in chief and her evidence under cross - examination, she
was consistent that she identified the 1st defendant as one of the robbers that
attacked her in the night of 19/5/ l 6.
Juxtaposing the PWl ' s evidence with those of PW2 and PW3 , I found that indeed
there was a robbery attack against them in the night of 19/5/16. The fact was not
contradicted neither was it challenged during trial. It is trite that facts not
challenged are taken as established See the case of Musa .v. State (2018) 13
NWLR (pt.1636) 307 @314 - 3 18.
I therefore hold that there was armed robbery attack on the PW 1 and her sisters.
This fact was established by the pro~;ecution . The question now is : Who were the
robbers? There is no doubt that P\V 1, PW2 and PW3 were the victims and of
course eye witnesses of the robbery . They pointed at the defendants as participants
in the robbery. The PWl stated that she was able to identify the defendants,
particularly the 1st defendant whom she claimed to have known before the robbery
incident with aid of the light from the torchlight used by the robbers during the
operation. This fact was corroborated by PW2 under cross - examination where
she said that PW 1 told her_she recognized one of the robbers who used to buy tom
- tom and cigarettes from her store. Again PW3 testified that PWI told them after
the attack and departure or escape of the robbers that she recognized two of the
robbers . She testified that she knows the 1st defendant before the incident because
he was always buying cigarettes and tom - tom from their shop.
PW4, the IPO, testified and tendered the confessional statement. He stated that
after their investigation, they found th~t the robbers used an object and not a gun to
carry out the robbery that night. The; 2 nd defendant ' s extra judicial statement was
also tendered through him. Under i cross - examination, counsel for t*
20