TE

"I agree with both Lower Courts that production of the weapons used to commit the offence and items recovered is not a sine qua non to securing a conviction where, as in this case, there is other overwhelming evidence before the Court establishing beyond reasonable doubt that the accused person committed the offence and that he was also in the company of others. See: Chukwuemeka Ezeuko (alias Reverend King) vs

The State (2016) LPELR - 40046 (SC); Olayinka v. The State (2007) 9 NWLR (Pt.1040) 561; Victor vs. The State (2013) 12 NWLR (Pt.1369) 465 @ 482 D - F. In the circumstances of this case, there can be no doubt that the robbery was an armed robbery having regard to the death of the deceased who was shot during the operation. The failure to tender the gun used or items recovered was not fatal to the prosecution's case."

Per

KEKERE-EKUN, J.S.C INOGU v. COPCITATION: (2017) LPELR-43832(SC)