STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

RETRACTION OF CONFESSIONAL STATEMENT

Reach more audience. Place advert here.

Additionally, on the retraction of the contents of Exhibit A at the trial by the Appellant as DW1, the law is settled that a retraction or denial of a confessional statement does not affect its admissibility. Thus, the mere fact that a confessional statement is challenged on the ground that the accused person did not make the statement, does not render it inadmissible in evidence. In such a situation, the application of the following principles should be considered in determining whether or not to believe and act on a confession which an accused person has resiled from: a) Whether there is anything outside the confession which may vindicate its veracity; whether it is corroborated in any way; b) Whether its contents, if tested could be true; c) Whether the defendant had the opportunity of committing the alleged offence; or d) Whether the confession is possible and the consistency of the said confession with other facts that have been established.

– Sankey JCA. Abdul v. State (2021)

Was this dictum helpful?

SHARE ON

confessional statement

WHAT IS A CONFESSIONAL STATEMENT

The law is well settled on issues relating to admissibility or otherwise of confessional statements by accused persons. A confessional statement is a statement by an accused person which unequivocally confesses to the commission of an offence charged. Such a statement to be of any probative value, must be clear, precise and unequivocal. It must also be direct, positive and should relate to the accused person’s own acts, knowledge or intention, stating or suggesting the inference that he committed the crime charged. See Akpan v The State (1992) 7 SCNJ 22, Yesufu v State (1976) 6 SC 167, Magaji v The Nigerian Army (2008) 8 NWLR (pt 1089) 338.

— J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019)

Was this dictum helpful?

THE EFFECT OF A CONFESSIONAL STATEMENT

A confessional statement which is voluntarily made is an admission by the maker that he committed the offence. it is the best evidence in support of the case of the prosecution against an accused person. however, such evidence, apart from being voluntarily made, must be positive, direct, pungent and consistent with other facts as proved in the case.

– Adamu Jauro, JSC. Enabeli v. State (2021)

Was this dictum helpful?

WEIGHT/CONSIDERATIONS TO BE ATTACHED TO A CONFESSIONAL STATEMENT

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)

Was this dictum helpful?

FREE AND VOLUNTARY CONFESSIONAL STATEMENT CAN GROUND A CONVICTION

In the case of Udo v State (2016) 12 NWLR (Pt.1525) pp.33-34, paras. H-A, this Court held that: “Free and voluntary confessional statement of an accused alone is sufficient to sustain his conviction, provided the Court is satisfied that it was made in a free atmosphere and is direct, unequivocal and positively proved. In this case, the two statements made by the appellant as Exhibits 4 and 5 were confessional. They were sufficient to convict the appellant thereon. Consequently, the defence of alibi raised by the accused during his testimony was too late in the day and only an afterthought”.

Was this dictum helpful?

WHEN A CONFESSIONAL STATEMENT CAN GROUND A CONVICTION

Where a confessional statement is direct, positive and admits all or some of the elements of the offence charged, and the Court is satisfied that it was voluntarily made, the Court can rely on it to ground a conviction even though retracted at the trial. See: Igbinovia Vs The State (1981) LPELR — 1446 (SC) @ 17 B-D; (1981) 2 SC 5; Yesufu Vs The State (1976) 6 SC 163; Adebayo Vs The State (2014) LPELR — 22988 (SC) @ 55-56 F-A.

— K.M.O. Kekere-Ekun, JSC. State v Abdu Musa (2019) – SC.625/2016

Was this dictum helpful?

HAVING CONFESSIONAL STATEMENT ENDORSED BY SUPERIOR OFFICERS IS COMMENDABLE

I must however emphasise the commendable practice of having confessional statements being endorsed by a superior police officer on having been satisfied on its voluntariness. These procedural safeguards are the most effective means to enable a trial court discover the truth of the matter as to the voluntariness or otherwise of an accused’s confession.

– Chukwuma-Eneh JSC. Ibeme v. State (2013)

Was this dictum helpful?

No more related dictum to show.