tenant. He stated that the 2nd defendant came to Divisional Police Station Abagana
to seek for his bail. He was arrested and detained by the police. That he pleaded
with the IPO that the 2 nd defendant should be released b,ut his plea was ignored.
The police claimed that the 2 nd defondant was imp I icatecl in the robbery. Th~t when
he was transferred alongside the 2 nd defendant to Awkuzu , he ( I s t defendari t) told
the police that the 2 nd defendant is only a tenant. He denied robbing the
complainants.
Under cross - examination, he maintained that the 2 nd defendant is his tenant and
not an armed robber. He admitted making a Statement at SARS , Awkuzu but
denied making any Statement at Divisional Police Station, Abagana. He admitted
signing a document at Divisional Police Station, Abagana which the IPO there
claimed that it would be used in re-leasing him on bail. That he did not know what
was recorded. He denied stating in exhibit "D1" that he robbed the complainants.
He did not confess to the police that he robbed PW 1 and her sisters. He was
surprised that PWI told the police that he robbed her and her sisters. He did not
own any gun and he is not an armed robber. He does not know how to use a gun.
He learnt the trade of coil but jo ined St. Jude Anglican Church, Adazi Ani as
security in order to raise money. That this case was the first time he was ever
accused of a crime. He only visits Enugwu - Ukwu but does not reside there. He
told the police that he hails from Uruokwe village but works at St. Jude Anglican
Church Adazi Ani . He denied participating in the armed robbery attack on PWI
and her sisters neither did he confess to the crime.
The 1st defendant after his testimony closed his case. The 2 nd defendant did not
testify neither did he call any witness. As I said earlier, he rested his case on the
prosecution's case.
Both the prosecution counsel and the defence adopted their final addresses at the
close of evidence.
ISSUES FOJ'l DETERMINATION.
In his final address, the 2 nd defendant's counsel: C.C. Ezeh, Esq formulated a lone
issue to wit:
"Whether the prosecution haE: proved the case of armed robbery ag~
a ·nst the1 _
nd
2 defendant?"
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