CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY – Whether the weapon used to carry out armed robbery must be tendered by the prosecution to secure a conviction


“It is not a requirement for the Prosecution to produce evidence of the firearm or offensive weapon used by the accused person(s) at the time of the commission of the robbery. It is sufficient if the prosecution establishes that the accused person was armed with such weapon or was in the company of any person so armed at the time of commission of the offence. There is no principle of law requiring that the weapon used be tendered in order to establish the guilt of the accused person, Olayinka v State (2007) 9 NWLR (pt. 1040) 561; Attah v State (2009) 15 NWLR (pt.1164) 284,303; Garba v State 6 NWLR (pt.661) 378, 388.” Per CHIMA CENTUS NWEZE, JSC in AKINKUNMI v. STATE (2022-LCER-46533-SC) (Pp 33 – 34; Paras E – B)

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