- 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 R. 43 at
68.
Section 40(1) of the Evidence Act, 2011 provides as follows:“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.”
In the case of Okoro V. State (2007) ALL FWLR pt. 361 p.
1794 at 1808, the Court of Appeal define dying declaration in
the following words:“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.
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