It is trite in law, that there is no evidence stronger than a person’s own admission or confession. The confessional statement made by an accused person is potent evidence in the hand of a prosecutor for proving a charge. It is the best and safest evidence on which to convict.
– M. Peter-Odili, JSC. Enabeli v. State (2021)
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Olalekan v. State (2001) LPELR-2561(SC) 4, 50-51, F-A, where Onu, J.S.C. held as follows: “This Court has held times without number that the statement of an accused is not inadmissible merely because it is taken down in a different language from the language of the person making it. See Queen v. Baba Haske (1961) 1 All NLR 330 at 333.” (Emphasis supplied).
At page 37, A-C of the same Report, Karibi-Whyte, J.S.C. also stated as follows: “The general proposition is well settled that where an interpreter has been used in the recording of a statement, the statement is inadmissible unless the person who interpreted it is called as a witness as well as the person who wrote it down.”
Again, at pages 55-57 of the same Report, Uwaifo, J.S.C. made his findings in extension as follows: “I have read the reasons given by my learned brother Ogundare, J.S.C. for dismissing this appeal on 20 September, 2001. I wish however, to express my views briefly on whether Exhibit A was properly admitted at the trial. Sgt Linus Patricks (PW6) was the officer who recorded the statement of the appellant. The appellant spoke in Yoruba language and PW6, acting through an interpreter, Aremu Adeosun (PE3), recorded the statement in English language. That was how Exhibit A, the said statement, came into existence. Now, PW3 testified that he interpreted between PW6 and the Appellant. Thereafter, he read the statement as written in English language by interpreting it to the Appellant who agreed that it was correctly recorded. He said the Appellant thumb-printed Exhibit A and he, the interpreter, signed it, as did PW6, the recorder of the statement… At the trial Court, no objection was taken to the voluntariness of the statement, or any other objection at all… The objection now taken in this Court is that the statement (Exhibit A) is hearsay evidence… With the greatest respect, what I understand the authorities in this country to establish is that where an interpreter has been used in taking down a statement, both the person who wrote down the statement and the person who interpreted it must be called as witnesses. In the case of the person who recorded the statement, he would, of course, state in evidence the procedure he took in the process. That was done in the present case. As for the person who interpreted, he would need to be presented as a witness to testify that he interpreted. It is then open to the defence to cross-examine them… I am therefore satisfied that the prosecution called the necessary witnesses who gave sufficient evidence in the present case to make Exhibit A admissible… The objection that it was hearsay is not well founded and I overrule it.”
Where it is alleged that a confessional statement was obtained under duress or as a result of threat or inducement, the Courts have developed the practice of conducting a trial within trial 18 (TWT) or mini trial to ascertain the voluntariness of the statement. The onus is on the prosecution to prove that it was freely and voluntarily made … On the other hand, where the accused outrightly disowns the confession and asserts that he did not make the statement at all, it would be admitted in evidence and considered alongside other evidence led at the trial to determine its probative value.
– Kekere-Ekun JSC. Berende v. FRN (2021)
The law is trite that a conviction can be found on a retracted confessional statement of an accused person once it is voluntary, positive and true. Where an accused person objects to the tendering of his confessional statement on the ground that he did not make it, the confession will be admitted and the question as to whether he made it or not will be decided at the end of the trial, since the issue of its voluntariness does not arise for consideration. See: Dibia v. State (2017) LPELR 48453 SC.
— Abdu Aboki, JSC. Abdulrahim Usman v. The State (SC.61C/2019, Friday May 06, 2022)
However, in multiplicity of judicial authorities of this Court, it has been decided that before relying solely on confessional statement to convict an accused or in the process of evaluation of same, trial Courts are desired to subject the confessional statement to the following six tests; namely (a) Is there anything outside the confession to show that it is true? (b) Is it corroborated (c) Are the relevant statements made on it in fact true as they can be tested? (d) Was the accused one who had the opportunity of committing the offence? (e) Is the confession possible; and (f) Is it consistent with the other facts which have been ascertained and have been proved? Once a confessional statement is subjected to these six tests, this Court has held that same can be safely relied upon to ground a conviction. See Musa V State (2013) 2-3 SC (pt.II) 75 at 94; Nwachukwu vs The State (2007)7 SCM (pt.2) 447 at 455; Ikpo v State (1995)9 NWLR (pt.421)540 at 554.
— A. Sanusi, JSC. Bassey v State (2019) – SC.900/2016
A confession is defined as a statement admitting or accepting that one is guilty of a crime. Legally speaking; a confession is a statement by which an individual acknowledges his or her guilt in the commission of a crime. A person makes a confession when he is guilty of something which is criminal in nature. See Nsofor v State (2008)18 NWLR (pt.905)292; Abdullahi v State (2015) EJSC Vol.8)103. In short, a confessional statement is an acknowledgement expressly made by an accused in a criminal case, of the truth of the main fact charged or some essential part of it. See also Akpan V State (2001)11 SCM 66 or (2001)15 NWLR (pt.737)745; Nwachukwu v State (2002)12 SCM 143; Jimoh v State (2014) LPELR 22464 (SC); Onuoha v State(1987) 4 NWLR (pt.65)331; Adebayo v State (2015)EJSC (VOL.4) 60.
— A. Sanusi, JSC. State v Abdu Musa (2019) – SC.625/2016
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)
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