“On Tuesday 31/3/2020 at about 11:00pm, I was at Kwaberu junction going home opposite the house of late Alhaji Tore, I heard someone has cut me with a cutlass at my back. I turned back and saw one Ahmad Abubakar (now deceased) with a cutlass. I then hugged him and two of us felt down on the ground. One Danchina and three others held me on the ground and left me there…I was at the hospital when the deceased was brought.” From the foregoing portion of the defendant’s statement admitted and marked as Exhibits B and B1 for Hausa and English translated versions respectively coupled with the evidence of PW1 and PW2, in relation to the dying declaration of Ahmad Abubakar, it has become very clear that the deceased Ahmad Abubakar, has identified the defendant as the person or among the persons who inflicted the injuries on him during the incident and from which injury, he did not recovered till he died. The dying declaration also portrays the defendant as the person or among the persons who participated in inflicting the injuries on the person of Ahmed Abubakar. In the case of Ezekwe V. State (2018) LPELR 44392, the Supreme Court per Kekere – Ekun JSC at pg 2526 paras C-B, stated the law as follows:“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 time it was made that he/she was going to die, is admissible as a dying declaration.” - Akpan V. State (Supra) Page 16 of 34

Select target paragraph3