CRIMINAL LAW — Proof — Armed Robbery — Tender of Offensive Weapon Not Mandatory
Principle Statement
If there is compelling evidence that the accused person committed the armed robbery, failure to tender the offensive weapon cannot therefore be basis of acquittal.
Ratio Decidendi (Source)
Per Tobi, JSC, in Olayinka v. State (2007) NLC-123-279-2003(SC) at p. 15; Paras B–C.
"If there is compelling evidence that the accused person committed the armed robbery, failure to tender the offensive weapon cannot therefore be basis of acquittal."
Explanation / Scope
In a charge of armed robbery, the prosecution is not required to tender the offensive weapon used in the robbery. Conviction can be based on other compelling evidence establishing the offence. The absence of the weapon does not automatically entitle the accused to acquittal. The totality of the evidence must be considered.
