The law is trite that an accused person can be convicted solely on his confession if the confession is positive and direct in the admission of the offence charged. In other words, voluntary confession of guilt whether judicial or extra judicial, if it is direct and positive is sufficient proof of the guilt and is enough to sustain a conviction, so long as the Court is satisfied with the truth of such a confession.
– Abdu Aboki, JSC. Chukwu v. State (2021)
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In my view, a bald statement, as in this case, that – “the rights of the accused are explained to him” is certainly not enough. Not only should the court record show clearly what the trial court has done, whatever rights have been explained to the accused must be fully recorded see Ama Ema v. The State (1964) 1 All N.L.R. 416, for, indeed, this is the essence of having a court of record.
— Eso, JSC. G. Josiah v. The State (1985) – SC.59/1984
Appellant’s counsel is vehemently holding unto the position that it was the duty of the trial Court to make available to the Appellant the services of an interpreter because he is an illiterate. It must be pointed out that where the accused does not understand the language used at his trial, it is his duty or his counsel’s duty to bring to the notice of the Court at the earliest opportunity, that he does not understand the language used at trial. I think the duty of ensuring that the right thing is done is not only on the trial Judge. It is a duty as well on a party to a case or his counsel if represented by one.
– A. Jauro JSC. Balogun v. FRN (2021)
It must also be stated that the time to object to the voluntariness of a confessional statement is when it is sought to be tendered and not after it has been admitted in evidence. See: Godsgift Vs The State (2016) LPELR-40540 (SC) 5 31 B C; Olalekan Vs The State (2002) 2 SCNJ 104; Muhammad Vs The State (2017) LPELR-42098 ISC) g 17 18 C B.
— K.M.O. Kekere-Ekun, JSC. State v Sani Ibrahim (2019) – SC.1097/2016
Under our system, there is no onus on an accused to prove his innocence. The law presumes him innocent. There is thus no duly on the accused to help the prosecution prove him guilty. Our law is against self-incrimination. It is in the interest of justice that every rule in favour of an accused person is meticulously observed and that no rule is broken to his prejudice. The least that the trial court could have done for the appellant whose life was at stake, (he was standing trial for his very life) was to inform him of his rights under S.287(1) and it should be apparent on the record that each alternative was explained to the appellant since he was not represented by a legal practitioner.
— Oputa, JSC. G. Josiah v. The State (1985) – SC.59/1984
The use of the imperative word “shall” in the provision underscores its mandatory nature. The mischief sought to be curbed by the law includes such unsavory situations as where an alleged confession is extracted by torture and duress imposed on a defendant which led to the confession, to avoid miscarriage of justice and to reduce to the barest minimum the incidents of retractions and time consumed by trial within trial proceedings. Section 9(3) ACJL is a mandatory procedural law against infractions on the constitutional rights of a defendant as enshrined in Section 35(2) of the CFRN (as altered). Any purported confessional statement recorded in breach of the said provision is of no effect. It is impotent and worthless. See JOSEPH ZHIYA v. THE PEOPLE OF LAGOS STATE (2016) LPELR – 40562 Pp. 28-29 Paras G-B, ISMAILA FATOKI v. THE STATE- unreported judgment of the Court of Appeal in Appeal No. CA/L/1125/2011 delivered on 11/12/2015, FABIAN MATHEW v. THE STATE – unreported judgment of the Court of Appeal in Appeal No. CA/L/1126/2011 delivered on 11/12/2015, KINGSLEY AKHABUE v. THE STATE – unreported judgment of the Court of Appeal in Appeal No. CA/L/1056/2011 delivered on 11/12/2015, AGBANIMU v. FRN (2018) LPELR – 43924 (CA) Pp. 11-12 Paras E-A, ENECHE v. PEOPLE OF LAGOS STATE (2018) LPELR – 45826 (CA) Pp. 27-28 which are persuasive precedents of the Court of Appeal.
— H.M. Ogunwumiju, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)
Where a confessional statement is retracted as in this case, the Court then shall decide the weight it would attach to the confessional statement. The best way to go about it is by subjecting the confession to the underlisted six tests, namely: (a) Is there anything outside the confession to show that it is true? (b) Is the confessional statement corroborated (c) Are the statements made in it of facts and so far as we can test them, true? (d) Is the accused person a person who had the opportunity of committing the offence (e) Is his confession possible? (f) Is it consistent with other facts which have been ascertained and which have been proved at the trial See Kareem v FRN (2003) 16 WRN 114; Kolawole v State (2015) EJSC (Vol.3) 41; Dibie v State (2007) 1 ALL FWLR (pt.363) 83; Ejinima v State (1991) 5 LRCN 1640; Bature v State (1994)1 NWLR (pt.320) 267.
— Amiru Sanusi, JSC. Ogunleye Tobi v The State (2019) – SC.714/2017
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