OSO AYA VS EMMANUEL DANIEL HENSHAW
August 20, 2025ALHAJI CHIEF ABDUL MOJID AGBAJE VS IBRU SEA FOOD LIMITED
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 13712
In the Supreme Court of Nigeria
Fri May 5, 1972
Suit Number: SC.136/71
CORAM
ELIAS JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
BASSA VORGHO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was convicted of culpable homicide punishable although he alleged that the killing of the deceased was an accident. The deposition of a witness revealed that the deceased had made a dying declaration confirming the accused as his killer and the motive for killing him.
HELD
The Supreme Court held that the appellant is not guilty of culpable homicide.
ISSUES
Whether a dying declaration that does not merely state the cause and circumstances of the declarants death but also contains an expression of opinion concerning the motive of his killer is admissible as evidence of such opinion.
RATIONES DECIDENDI
WHEN FACTS ANCILLARY TO THE FACTS IN ISSUE CAN PROVE GUILT
“Appellant himself admitted having killed the deceased, albeit by accident, and this is supported by the finding by the learned trial Judge that the words “Bassa has killed me” formed part of the res gestae” Per T. O. ELIAS, CJN
ADMISSIBILITY OF OPINION IN A DYING DECLARATION
“Much stronger evidence should have been required for rebutting the claim of accidental killing than the suggestion as to the killers motive in an expression of opinion contained in the deceaseds dying declaration”
CASES CITED
R. v. Foster (1834) 6 C. & P. 325
STATUTES REFERRED TO
Section 33(a) of the Evidence Law
