Prosecuting Robbery And Homicide

Summary

As a prosecuting counsel in a Nigerian case involving armed robbery and culpable homicide, you will rely on Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act and Section 221 of the Penal Code. Key witnesses include the victim, Mr. David Bello, and others who can provide crucial evidence. Examination in chief should be non-leading, allowing witnesses to narrate their experiences. Re-examination should counter defense arguments by emphasizing the timing of events, witness credibility, and confessions. Prepare thoroughly to prove the case beyond reasonable doubt.

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I need all the necessary information on a scenario case of which I am to be a prosecuting counsel
Hello Elizabeth, to provide you with the most relevant information, could you please specify the type of case you will be prosecuting and the jurisdiction where the case will be heard?
Mr David Bello, a staff with the Federal Ministry of Health who resides around Sokale Junction in Dutse, Bwari was robbed on the 31st day of March *. Though his office is at the Federal Secretariat Complex, Shehu Shagari Way, Central Business District Abuja, he resides around Sokale Junction Dutse, in Bwari from where he goes to work every day. Before May *, *, he had three cars: a Toyota Camry * Model, a Toyota Corolla * Model and a Toyota Highlander Jeep. With the removal of fuel subsidy and the high cost of fuel, Mr. David Bello felt it was unwise to keep all the Vehicles particularly the Highlander Jeep which consumed more fuel in comparison to others. He advertised the car for sale. Alhaji Kaburi Umaru, a business man, bought the Highlander Jeep at the rate of * Million Naira. He initially paid N1,*,* on the 30th of September * but only completed the money on the 31st of March * which was a Sunday. Unfortunately, Kabiru Umaru paid cash at Mr. David Bello’s house in Sokale and David Bello could not take it to the Bank as it was a Sunday. At the time the money was paid, David Bello’s friend, Adewale Adebite was there. In the night, around * pm thereabout, some armed men masked, robbed the House of Mr. David Bello. They robbed him of the cash, balance of N3,*,* for the sold Highlander Jeep. In the course the robbery, they killed Mr. David Bello’s security man, Philip Adamu, a 50 year old man who was trying to make a call. Also carted away with were: David Bello’s Samsung Galaxy S22 Ultra 5G 256gGB ROM and * GB RAM which cost N900,*. After the robbery, David Bello’s Daughter, Patience Bello told her father and the Police that she suspected Uncle Adewale, because the shoes that one of the robbers wore were exactly the shoes that Adewale had worn to their house earlier in the day. Adewale was arrested but he denied and claimed he was at his nieces birthday which held on the same 31st of March * at Gwarimpa hence could not have participated in the robbery. The Galaxy phone was traced to one Stella Okonkwo who claimed her boyfriend, Chidi Odimba, gave her. Chidi was arrested and he confessed at the Police Station that he was one of the robbers that robbed Mr. David Bello who resides around Sokale Junction in Dutse. He said he robbed the said house with Mr. Adewale Adebite and Mohammed Mamman who is at large. Further investigation led to the recovery of a Pistol. Adewale and Chidi as well as Stella were arrested and are to be charged before the Bwari High Court for the offences of Armed Robbery and Culpable Homicide
As a prosecuting counsel in this case, it seems you'll be dealing with charges of armed robbery and culpable homicide. Your case will be based on Nigerian law, specifically:
*. Section *(*)(a) of the Robbery and Firearms (Special Provisions) Act for armed robbery.
*. Section * of the Penal Code for culpable homicide.
Ensure your arguments, evidence, and witnesses substantiate these charges.
The Prosecution should call a maximum of four witnesses: Mr. David Bello, Miss Stella Okonkwo, The Police Investigating Police Officer, Sgt Gabriel Kibaka, and Patience Bello.
Indeed, those would be valuable witnesses. Here are some general points about each:
*. Mr. David Bello: As the victim, he can provide firsthand accounts of the robbery.
*. Miss Stella Okonkwo: She can explain how she received the stolen phone, linking it to Chidi.
*. Sgt Gabriel Kibaka: He can present the police investigation, evidence, and confession.
*. Patience Bello: She can share her suspicion about Adewale's involvement.
Remember, this is a serious case with severe penalties if convicted. Prepare thoroughly.
How can we question them for examination in chief
An examination in chief should be non-leading and direct. Here's how you could approach each witness:
*. Mr. David Bello:
- Can you describe the events of the night in question?
*. Stella Okonkwo:
- How did you come into possession of the stolen phone?
*. Sgt Gabriel Kibaka:
- Can you detail the evidence gathered during the investigation?
*. Patience Bello:
- Why did you suspect Adewale's involvement?
Remember to phrase questions openly to allow witnesses to narrate their experiences.
The defense are proving that mr Bello’s suspicions on the shoes of mr Adewale is baseless due to the fact that anyone couod have worn the shoe and that the man that dropped the money is akso aware of the money. How do we counter that in re- examination
During the re-examination, you could:
*. Highlight the coincidence of Adewale's shoe match.
*. Point out Adewale's presence during the exchange of a large sum of money.
*. Question the credibility of Adewale's alibi.
*. Emphasize on the confession made by Chidi implicating Adewale.
On re- examination of mr bello how do we counter the defense
For Mr. Bello's re-examination, you could:
*. Emphasize his direct experience of the incident.
*. Reinforce the suspicious timing of Adewale's visit.
*. Reiterate Chidi's confession implicating Adewale.
*. Question Mr. Bello's confidence in identifying the shoes.
If you were the prosecuting lawyer show me how you will prove this case beyond reasonable doubt
To prove this case beyond reasonable doubt as a prosecuting lawyer:
*. Present the confession of Chidi Odimba, who implicated Adewale Adebite.
*. Call Stella Okonkwo to testify how she received the stolen phone from Chidi.
*. Call Mr. David Bello and Patience Bello to testify about the robbery and their suspicions about Adewale.
*. Present the investigation report from Sgt. Gabriel Kibaka, including the recovered pistol.
*. Highlight the suspicious timing of Adewale's visit and his shoe match with the robber's.
How do we counter the defense arguments that not only os mr Adewale aware of the money but the man that dropped the miney is also aware
To counter this defense argument, you could:
*. Highlight the fact that Adewale was present during the cash transaction.
*. Point out the suspicious timing of Adewale's visit.
*. Emphasize Chidi's confession implicating Adewale.
*. Stress on the unique shoe match noticed by Patience Bello.
Give me questions to ask mr bello for examination in chief
Here are some questions you might ask Mr. Bello during examination in chief:
*. Can you describe the events of the night in question?
*. How did you feel when the robbery was happening?
*. Can you identify the shoes worn by one of the robbers?
*. Can you recall who was present when the cash was given to you?
*. How did you come to suspect Mr. Adewale?
*. Have you ever seen Mr. Adewale's shoes before? If yes, where?
Can you break it down more
Sure, during the examination in chief of Mr. Bello, you could ask:
*. Can you describe the events on the day you received the payment for the car?
*. What happened on the night of the robbery?
*. How did you feel during the robbery?
*. Can you describe the shoes that you recognized?
*. Who was present when you received the payment for your car?