The law is well settled that when a confessional statement is tendered without objection by an accused or his counsel, they cannot cry foul on appeal as it is deemed they were in agreement with what was tendered at the trial Court, see the cases of Shurumo v. State (2010) LPELR-3069(SC) and FRN v. Kayode-Beckley (2020) LPELR-50549(CA), neither the appellant nor his counsel objected to PW4 tendering exhibit A at the trial Court.
– EBIOWEI TOBI, J.C.A. Abdul v. State (2021)
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The vital consideration that should engage the mind of a trial Judge is the relevancy of the confession. A confession is relevant when it proves the fact that constitutes one of, or all, the elements of the crime to be proved, and/or identifies the person who committed the offence. If the confession is relevant and is free and voluntary, it is admissible in evidence and once admitted, the weight to be attached depends on its probative value and pure truth content.
– Sankey JCA. Abdul v. State (2021)
The fact that an accused person denies making a confessional statement to the police, does not render such extra-judicial statement inadmissible merely because the accused person denies having made it. What the Court is expected to do to determine the weight to be attached to a retracted confessional statement is to test its truthfulness and veracity by examining the said statement in the light of other credible available evidence. The Court would consider whether: a. There is anything outside that Confessional statement to show that it is true; b. It is Corroborated; c. The facts stated in it are true as far as it can be tested; d. The accused person had the opportunity of committing the offence; e. The accused person’s confession is possible; f. The confession is consistent with the other facts ascertained and proved at the trial. See Per OKORO, JSC, in ALAO V. STATE (2019) LPELR-47856(SC) (PP. 23-24 PARAS. E).
— M.D. Muhammad, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)
I must emphasise that the function of a court in trial within trial is narrowed down to determining solely the question of voluntariness of the statement in issue and not on whether or not the statement is that of the accused person or improperly recorded. It boils down to the proposition that there is no way an accused person who has not acknowledged his alleged confessional statement sought to be tendered by the prosecution in a trial within trial can come round to object to its voluntariness. The absence of his locus to otherwise so contend is indisputable.
– Chukwuma-Eneh JSC. Ibeme v. State (2013)
Before relying on a retracted confessional statement to convict an accused person, the factors the Court would consider are as follows: 1. Whether there is anything outside the confession which shows that it may be true; 2. Whether the confessional statement is in fact corroborated; 3. Whether the relevant statements of fact made in it are most likely true as far as they can be tested; 4. Whether the accused had the opportunity of committing the offence; 5. Whether the confession is possible; and 6. Whether the alleged confession is consistent with other facts that have been ascertained and established. See: R Vs Sykes (1913) 8 Cr.App. Report 233; Ubierho Vs The State (2005) 5 NWLR (Pt. 919) 644 @ 655; Nwachukwu Vs The State (supra); Fabiyi Vs The State (2015) LPELR -24834 (SC) @ 33-34 E-D.
— K.M.O. Kekere-Ekun, JSC. State v Abdu Musa (2019) – SC.625/2016
Usually, objections raised as to the admissibility of confessional statements pose one of the greatest challenges to criminal trials as it slows down the pace of the proceedings when there is a trial within trial. It is for this reason that Section 9(3) of the Administration of Criminal Justice Law of Lagos State 2011 and Section 17(2) and 15(4) of the Administration of Criminal Justice Act 2015 have been put in place to ensure that the Police and other agencies who have the power to arrest, obtain confessional statements from suspects without any form of oppression or illegality. The effect of the said provision is that every confessional statement must be recorded on video so that the said recording can be tendered and played in Court as evidence to prove voluntariness or a legal practitioner or any person as specified under Section 17(2) of the ACJA must be present. The essence of the video/audio-visual evidence is obviously so that the Court will be able to decipher from the demeanor of the Defendant and all other surrounding circumstances in the video if he or she voluntarily made the confessional statement. Alternatively, where a video facility is not available, the Police must take the confessional statement in writing and must ensure that while same was being taken, the Defendant had a Legal Practitioner of his choice present. However, over the years, it seems to me that these provisions are only existent on paper as the Police and other security agencies seldom comply with them. The current state of technology where most mobile phones have a recording application that would state the time and place of making the video if there is no official Police photographer at hand, makes the non-compliance inexcusable. My Lords, it is baffling, to say the least, that at this point in our criminal justice system, there is still failure to meet with minimum standards of Police investigation or interrogation that obtains in other jurisdictions.
— H.M. Ogunwumiju, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)
I agree with the learned counsel for the Respondent that the Appellant’s counsel had really misunderstood the fundamental requirement in criminal trial. A trial within trial is required in law where the objection to admissibility of a statement is based on the ground that it was not made voluntarily. In that case there has to be a trial within trial to determine the question of voluntariness. It is only where this is proved by the prosecution that the statement is admitted in evidence.
– Galadima, JSC. Kingsley v. State (2016)
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