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ADMISSIBILITY OF A CONFESSIONAL STATEMENT

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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.”

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admissibility, confessional statement

TEST TO PROVE CONFESSIONAL STATEMENT

The tests for determining the voluntariness of a confessional statement have been consistently applied by this Court in a plethora of cases as follows: (1) Whether there is anything outside the confession to show that it is true. (2) Whether the statement is corroborated, no matter how slight (3) Whether the facts contained therein, so far as can be tested, are true. (4) Whether the accused person had the opportunity of committing the offence. (5) Whether the confession of the accused person was possible. (6) Whether the confession was consistent with other facts which have been ascertained and proved in the matter.

– J.I. Okoro JSC. Berende v. FRN (2021)

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SIX TESTS CONFESSIONAL STATEMENT MUST PASS IF RETRACTED

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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TRIAL-WITHIN-TRIAL APPLIES ONLY TO VOLUNTARINESS OF CONFESSION

The rule with respect to conducting a trial within a trial operates only in cases of questioning the voluntariness or otherwise of confessions. It does not operate where an accused person denies making the statement or retracts.

– Galadima, JSC. Kingsley v. State (2016)

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WHERE CONFESSION IS OBJECTED TO – ADMISSIBILITY SHOULD BE DETERMINED

Indeed, it is settled law that where a confession is objected to not as in the instant case where no objection was raised as to the voluntariness of these extra judicial statements – a judge sitting alone must hear and determine its admissibility.

– Galadima, JSC. Kingsley v. State (2016)

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ORAL EVIDENCE NOT ADMISSIBLE WHERE DOCUMENT EXIST

Where there is documentary evidence on an aspect of a party’s case, no oral evidence is admissible on that aspect. This is because our adjectival law does not admit oral evidence on an aspect or area covered by a document. A party cannot benefit from two ways: documentary evidence and oral evidence. He can only lead evidence in respect of one and not the two of them. But this principle of law is subject to an important qualification and it is this. If the parties by their ad idem agree by oral agreement to change part of the written agreement, the court will not reject the oral agreement.

– Niki Tobi, JSC. Brossette v. Ilemobola (2007)

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UNSIGNED DOCUMENTS NOT ADMISSIBLE

The Supreme Court in Omega Bank (Nig) Plc v. O.B.C. Ltd. [2005] 8 NWLR (Part 928) 547 at 587 Paragraphs C – D per Tobi, JSC (as he then was) the Apex Court held inter alia that: “… It is my view that where a document is not signed, it may not be admitted in evidence. Even if it is admitted in evidence, the Court should not attach any probative value to it. This is because a document which is not signed has no origin in terms of its maker….at page 582 Paragraph A, His Lordship, Tobi, JSC of blessed memory further emphasized that:” A document which is not signed does not have any efficacy in law. As held in the cases examined, the document is worthless and a worthless document cannot be efficacious…”

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