In order therefore to secure the conviction of an accused
person for the offence of Armed Robbery, the prosecution
must satisfy the above requirements of the ingredients beyond
reasonable doubt. Where this is not done, the case must fail.
- Osuagwu V. State (2016) LPELR 40836.
- Afolalu V. State (2010) 16 WRN pt 1220 p 584.
- State V. Isiaku (2013) LPELR 20521.
In the case of Oyeyemi V. State (Supra) at page 90
paragraph 45 in defining what constitute Armed Robbery,
Court of Appeal has this to say:“A robbery is said to be armed robbery when the
robbery is committed by a person carrying a
dangerous weapon or when the thief is
accompanied by another person carrying a
dangerous weapon.”
- Bello V. State (2007) 10 WRN p. 564.
- Osetola V. State (2012)17 NWLR pt 1329 p. 343.
- Adekoya V. State (2017) 18 WRN 1.
My Lord Abdullahi JCA in the said Oyeyemi’s Case (Supra)
at page 91 paragraphs 15 clarified the position of the law as
follows:“The law is that it is not the requirement of the law
that all the accused persons must be armed with
dangerous weapon, the offence is complete once an
offensive weapon is used by either of the accused
persons.”
As to the 1st element, PW1 (Alhaji Umar Garba) during his
examination-in-chief, testified as follows:Page 10 of 21