time it was made that he/she was going to
die, is admissible as a dying declaration.”
-
Okoro V. State (Supra).
Akpan V. State (Supra).
Okereke V. State (Supra).
Garba V. Queen (1959) 5 CNLR 402.
Furthermore, Section 40 (1) of the Evidence Act,
2011 provides as follows:“40 (1): A statement made by a person as to
the cause of his death, or as to any of
the statements relating to the
circumstances of the events which
resulted in his death in cases in which
the cause of that person’s death comes
into question, is admissible where the
person who made it believed himself
to be in danger of approaching death
although he may have entertained at
the time of making it hopes of
recovery.”
The evidence of PW1 and PW2 in relation to the
dying declaration of the deceased in relation to the
circumstances of the events which resulted to his
subsequent death, identified the defendant as among
the persons who inflicted the injury on him from
which he never recovered till he died.
This dying declaration of the deceased appeared to be
corroborated even by the statement of the defendant
which was admitted in evidence and marked as
Exhibits B and B1 respectively where the defendant
stated as follows:-
Page 15 of 34