‘Jammare so you are the one who want to kill me’
until she died.”
PW2 also testified as follows:“I personally informed one Aliyu a Policeman at
the Area Command that the deceased kept
mentioning Jammare’s name…After this the police
arrested the Defendant and together with me, the
police went to Jammare’s house at Gidan Busal to
conduct a search, and in the process, a gun was
recovered.”
The Defendant in his statement dated 21/02/2019 marked as
Exhibit ‘A’ and ‘A1’ respectively, confirmed the evidence of
PW2 with regard to the search conducted in his house and the
recovery of a locally made revolver pistol with 13 live
ammunitions which he said he bought from one Buzu a
blacksmith. From the evidence as led by the prosecution and
presented before this court, it appears to me that the only
evidence that appeared to link the Defendant with the
participation in the armed robbery incident with which the
Defendant is charged, is the dying declaration of one late
Salamatu Umar, the wife of PW1 who was shot during the
robbery incident on the stomach and subsequently died.
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 mind is
compelled by the most powerful consideration of the
impending unknown to speak the truth.”
Page 13 of 21