CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY – Ingredients that must exist to prove the offence of armed robbery; effect of failure to prove any the ingredients of the offence charged

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“All the ingredients of the offence charged must be established or proved in order to obtain a conviction. Failure to prove any the ingredients of the offence charged, the accused is entitled to acquittal by the trial or appellate Court. In a charge of armed robbery, the prosecution is expected to prove beyond reasonable doubt, the undermentioned elements, namely- (I) that there was a robbery, (II) that the robbers or any of them was armed at the time of the robbery; and (III) that the accused person or persons was/were the armed robber(s). All the above ingredients must co-exist. In other words, if any one or more of these ingredients has not been proved; then the offence fell short of being proved beyond reasonable doubt and therefore the Court must discharge and acquit the accused person of the offence of armed robbery. See Per Sanusi, JSC in Ugboji v. State (2017) LPELR-43427 (SC).” Per ABBA-AJI, J.S.C. in ATTO MABA v. THE STATE (2020- LCER-39168-SC) at p. 36 – p. 37

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