death of the alleged deceased outside the incident of
31/3/2020, remains a mystery.
- Oforlete V. State (2000) 12 NWLR pt 681 p
415.
- Princewill V. State (1994) 6 NWLR pt 353 p
703.
Defence counsel by paragraph 4.21 of their adopted
written address further argued that looking at the
contents of Exhibit ‘B’ the evidence of PW1 and
PW2 in relation to the dying declaration, is highly
contestable in relation to its veracity and authenticity.
She argued that while PW1 said the deceased said it
was Bilal who did that to him, PW2 said the deceased
said it was Bilal and 3 others which is on
inconsistency.
- The State V. Musa (2020) 2 NWLR pt 1709
p499.
She submitted that the defendant having been
incapacitated by the deceased and there were three (3)
others, it’s cloudy to alleged that it was the defendant
who caused the death of the deceased she argued
further that the exact words used by the deceased as
required by the law for a dying declaration to be
acceptable, has not been satisfied by the prosecution.
- Hausa V. State (1994) 6 NWLR pt 350 p 281
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