CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY – Ingredients that must exist to prove the offence of armed robbery


“…Going back to the principles guiding the Court particularly the trial Court which is the first port of call at which the testimonies of witnesses are proffered or adduced and the evaluation thereof done by that trial judge who is in the exclusive position of assessing the demeanour of those witnesses. It is thereat firstly that the three elements of the offence of armed robbery as herein charge would be either established or not for the Court to say the offence was committed as charged. Those essential ingredients of the offence are: (a) There was a robbery or series of robbery; (b) That each robbery was an armed robbery; and (c) That the person accused of the robbery was one of those who took part in the robbery or series of robberies. It follows that for the prosecution to succeed all those three elements must be established with credible evidence and the proof beyond reasonable doubt. See Oloruntosin Bello v The State (2007) 6 NWLR (Pt.1043) 563 at 588 – 589.” Per OKORO, J.S.C. in BEMDOO MINDI v. THE STATE (2020- LCER-39169-SC) at p. 31 – p. 32

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