- Okoro V. State (Supra) - Section 40 (1) Evidence Act, 2011. Explaining the legal status of a dying declaration, the Apex Court in the case of Okereke V. State (2016) LPELR 40012 at 37-38 paras F-C, held as follows:“A dying declaration is an exception to the hearsay rule. 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.” - Chukwuemeke Ezeuko V. State (2016) LPELR 41046. In consideration of all the foregoing, it is the humble view and finding of this court that at the time the deceased Ahmad Abubakar’s declaration, he was no doubt in danger of approaching death, and his hope of life, appeared to have gone and the motive of falsehood is no longer there as his mind also appeared to have been compelled by the most powerful consideration of the impending unknown to speak the truth. I therefore admit Ahmad Abubakar’s (deceased) statement to PW1 and Pw2 in evidence as a dying declaration. Although the defence urged the court to discountenanced with Exhibits B and B1 which is the Hausa and English translated versions of the defendant’s extra-judicial statement as same was not Page 17 of 34