A Plateau High Court on Tuesday dismissed an robbery charge filed against an unemployed man, Solomon Pamvwos.
The Plateau Government charged Pamvwos with armed robbery.
Delivering judgment, Justice Christine Dabup, said:the onus proof of the allegation of armed robbery labeled against the defendant rests with the prosecution. The prosecution has failed to do that,”the judge declared.
Dabup said that the prosecution compounded its case when they failed to provide any victim to testify or provide any arm or ammunition used during the robbery incident.
“The Supreme Court has stated that in a situation where the prosecution failed to produce a victim to testify of the armed robbery incident, it is difficult to prove such a case.
“In this case, three ingredients, including showing the property stolen or the arms used, the arrest of the suspect at the scene of the robbery and the arrest of the accused with the stolen property.
“The three ingredients must go together, or else it will be difficult to prove an armed robbery case.
“Again, no gun or ammunition was brought to court as evidence to prove armed robbery, therefore it’s difficult to prove as stated in Section 135(1)(2) of the Evidence Act.
“In the foregoing, the onus of proof rests with the prosecution, which unfortunately has failed to do so.
“On this note, I have no option left than to give judgment in favour of the defendant.
“I hereby dismiss the two counts charges labeled against the accused for lack of diligent prosecution,” she held.
Pamvwos, had pleaded not guilty.
He was alleged to have robbed at gun point one Mohammed Yakubu of his iPhone and N160, 000 cash on May 9, 2015.
The offence, the prosecution said is contrary and punishable under Section 1(2)(a) of firearms prohibition Act CAP 11A of Law of Federation of Nigeria 2004. (NAN)
