mind is compelled by the most powerful
consideration of the impending unknown to
speak the truth.”
- Dada V. State (2018) ALL FWLR pt 920 p 77
at 101-102.
- Ikono V. State (1973) 5 SC 231.
- Kazeem Ayinde V. State (2017) LPELR 42176.
- Woodcock V. R (1789) 168 ER 353.
- Osiekwe V. State (1999) 9 NWLR pt 617 p 43
at 68.
Simplifying the meaning of what a dying declaration
means, the Court of Appeal in the case of Okoro V.
State (2007) ALL FWLR pt 361 p 1794 at 1808
stated the law as follows:“A dying declaration is a statement made by
a person who may die from the injury received
from a person whom the deceased person
identified as the person who inflicted on him
(the deceased) the injury from which he never
recovered till he died. It is one of the
exceptions to the rule of direct evidence to
prove a fact in issue.”
- Ishaya V. State (2019) 19 WRN 131.
- Okereke V. State (2016) 45 WRN 1.
- Akpan V. State (1992) 6 NWLR pt 248 p 439.
As to whether dying declaration is an admissible
evidence, the Supreme Court Per Kekere – Ekun JSC
in the case of Ezekwe V. State (Supra) has this to
say:“It is well established in the law of evidence
that a statement made by a person in
imminent fear of death, and believing at the
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