SUCCEEDING IN ARMED ROBBERY OR CULPABLE HOMICIDE – INGREDIENT

To succeed in proving its case beyond reasonable doubt in a charge for armed robbery or culpable homicide punishable with death, one of the essential ingredients of both offences is proof that the accused person was one of those who participated in the armed robbery or series of robberies and in the case of culpable homicide, that it was his act that caused the death of the deceased. For armed robbery, see: Bozin Vs The State (1985) 2 NWLR (Pt. 8) 465; Afolabi Vs The State (2010) 16 NWLR (Pt. 1220) 584; Smart Vs The State (2016) LPELR 40728 (SC) @ 29 D-E. For culpable homicide punishable with death, see: Musa Vs The State (2009) 15 NWLR (Pt. 1165) 467; Aliyu Vs The State (2013) 12 NWLR (Pt.1368) 403; Afolabi Vs The State (2016) LPELR 40300 (SC) at 31-32 E-A.

— E. Eko, JSC. Lawali v State (2019) – SC.272/2017

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ARMED ROBBERY IS AN AGGRAVATED FORM OF ROBBERY

Armed robbery is an aggravated form of robbery and the offence of robbery can be committed without the use of arms. The offence of robbery is theft or extortion by force or fear of force. See: Kerenku v. Tiv N.A. (1965) All NLR 570 at 571.

— K.M. Aka’ahs JSC. Israel Pius V. The State (SC.299/2012, 6 Mar 2015)

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WHAT MUST BE PROVED IN A CHARGE OF ARMED ROBBERY

The law is very clear that in a charge of armed robbery, the prosecution must prove that:- There was robbery or series of robberies. That the robbery or each robbery was an armed robbery. That the accused was one of those who took part in the armed robbery. See Afolalu v The State (2010) 16 NWLR (pt 1220) page 584, Ikaria v The State (2014) 1 NWLR (pt 1389) 639, Agugua v The State (2017) LPELR – 42021 (SC).

— J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019)

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ESSENTIAL ELEMENTS OF ARMED ROBBERY

In a case of armed robbery such as the one under discourse, it is incumbent on the prosecution to prove the essential elements of the offence which are as follows: – 1. That there was a robbery or series of robberies; 2. That each robbery was an armed robbery i.e., stealing plus violence with a weapon or arms 3. That the accused/appellant was one of those who took part in the armed robbery.

– Peter-Odili, JSC. Dondos v. State (2021) – SC.905/2014

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INGREDIENTS TO PROVE ARMED ROBBERY

To secure a conviction under Sec. 1(2) (b) of the Robbery & Firearms Act, the following essential ingredients must be proved by the prosecution: i) That there was indeed a robbery or series of robbery. ii) That the robbers were armed with dangerous weapons and iii) That the accused/Defendant was the robber or one of the robbers.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

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PROVING ARMED ROBBERY

To secure conviction for the offence of robbery against the appellant, the prosecution must prove: 6 (1) The occurrence of the robbery. (2) The participation of the appellant in the said robbery and (3) That at the material time, the robbery was being committed, the appellant was either armed with firearms or offensive weapon or that he was in company of a person who was so armed EKE V. STATE (2011) LPELR-1133 (SC) and LEGI MOHAMMED V. STATE LPELR-46420.

— M.D. Muhammad, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)

ARMED ROBBERY MUST BE RELATED TO SPECIFIC DATE & INCIDENT

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SUCCEEDING IN ARMED ROBBERY OR CULPABLE HOMICIDE – INGREDIENT

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ARMED ROBBERY IS AN AGGRAVATED FORM OF ROBBERY

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WHAT MUST BE PROVED IN A CHARGE OF ARMED ROBBERY

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ESSENTIAL ELEMENTS OF ARMED ROBBERY

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INGREDIENTS TO PROVE ARMED ROBBERY

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PROVING ARMED ROBBERY

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