Ratio Decidendi

Per I.T. Muhammad, JSC, in Afolalu v. State (2010) NLC-123-193-2008(SC) at p. 8, paras. C–E:

"For the proof of the offence of armed robbery as in this case, the requirement of the law on the prosecution is for the latter to prove with satisfaction that: i. there was a robbery; ii. that robbery was an armed one; iii. that the accused was one of the armed robbers or the robber."

Explanation / Scope

This principle establishes the three ingredients of armed robbery that the prosecution must prove: that there was a robbery, that the robbery was armed, and that the accused was one of the armed robbers. The principle applies in armed robbery trials. It ensures that all elements are proved beyond reasonable doubt. The principle reflects the burden on the prosecution. It prevents conviction without proof of all ingredients. The court must require proof of each element. The principle provides guidance on proving armed robbery.

Cases Applying This Principle