Both PW1 and PW2 were never cross-examine on this vital piece of evidence relating to the dying declaration of late Salamatu Umar whose dying declaration specifically put the Defendant at the scene and nailed him to the participation in the commission of the alleged crime. Lending credence to the dying declaration, PW1 under crossexamination has testified to the fact that he knew the Defendant as an armed robber even before their own incident. furthermore, the Defendant in his statement admitted as Exhibit ‘A’ and ‘A1’ alongside the evidence of PW2 established that a locally made pistol, thirteen (13) live ammunitions, and four (4) empty shells of AK 47 were recovered during the search conducted in the house of the Defendant. Consequent upon the foregoing, this court is of the humble view that the dying declaration of late Salamatu Umar is unequivocal and positive, believed it and accepted it as having been made in extremity when she was at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced and her mind was induced by the most powerful consideration to speak the truth, a situation so solemn and awful. I therefore agree with submission of the learned prosecution counsel that the prosecution has also proved the 3 rd and last element. Defence counsel also argued that the failure of the prosecution to call the mother of PW1 to testify about the truth of whether or not PW1 had N2 Million at the time of the robbery incident Page 16 of 21