“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)
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