Substantiating the foregoing piece of evidence, PW2 also testified as follows:“After he left, I heard him shouting before he reached the place calling my name “Jafar! Jafar!! Come”. I then rushed to where he was and found him in pool of blood and I asked him who did this to you? and he said “it was Bilal and other 3 persons.” It was also part of their evidence that the deceased died 2 days after he was admitted at Usman Danfodiyo University Teaching Hospital Sokoto. Defence counsel at paragraphs 4.26 – 4.28 of their adopted written address submitted that although dying declaration is an admissible evidence as one of the exception to the inadmissibility of hearsay evidence where cause of death of a deceased is in issue, she contended that the evidence of the 2 prosecution witnesses on the dying declaration of the deceased is inconsistent because while PW1 says the deceased said it was the defendant, PW2 says it was the defendant and 3 others. From the foregoing, one will be tempted to ask what then is a dying declaration? The Supreme Court in the case of Ezekwe V. State (2018) 14 NWLR pt 1639 p 209 at 226 described dying declaration as follows:“It is a declaration of someone at the point of death, whose hope of life is gone when the motive for falsehood is no longer there and the Page 13 of 34

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