ANALYSIS AND RELEVANCE OF DYING DECLARATION IN CRIMINAL PROCEEDINGS IN NIGERIA

Abstract

This research work examines dying declaration in criminal proceedings in Nigeria. This is to examine the scope of dying declaration. It further examines the laws that can be used in cases of dying declaration in criminal proceedings in Nigeria. The research adopts the doctrinal method. This research, observes that the court has given a wider interpretation rather than the format prescribed (question-answer), courts take into account the mental and physical competency of the declarant as well.�The most important aspect which has been reiterated in several judgments is that the dying declaration should not be tutored or should have the motive of vengeance behind it. The study also finds that the law with respect to substantive and procedural requirement of admissibility has regard to the nature and character of the evidence being relied upon to prove or disprove a fact in issue. Based on the findings, the research recommends that dying declaration should be recorded by the executive magistrate and police officer to record the dying declaration only if condition of the deceased was so precarious that no other alternative was left. It therefore concludes that dying declaration contains the final words of the person dying correlated to the causes of death of such person or as to the situation leading to the death of such person; it is a material piece of evidence.

Identifiers

Resource ID

urn:uuid:0afbab89-cba0-4aac-8d9a-cefba3fbb44d