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CO-ACCUSED INCRIMINATING CONFESSIONAL STATEMENT

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On the issue of his Co-Accused’s Statement, the Appellant is right that his statement cannot be used against him. The position of the law is that the Statement of a Co-Accused Person to the Police is binding on him only see Suberu v. State (2010) 8 NWLR (Pt. 1197) 586. However, where the evidence incriminating an Accused Person comes from a Co-Accused Person, the Court is at liberty to rely on it as long as the co-accused person who gave such incriminating evidence, was tried along with that Accused Person. see Dairo v The State (2017) LPELR-43724(SC) and Micheal V. State (2008) 13 NWLR (Pt. 1104) 383.

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

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RETRACTED CONFESSIONAL STATEMENT MUST MEET FOLLOWING TESTS

My Lords, the confessional statement of the Appellant was retracted by him in the course of the trial and the position of the law as reiterated by this Court in several cases is that the statement must meet the probability test set out in R. v. Sykes (1913) 18 CR All Pg. 233: a) Whether there is anything outside it to show the statement is true, b) Whether it is corroborated, c) Whether the statement made in it of fact so far as they can be tested are true, d) Whether the accused had the opportunity of committing the offence, e) Whether it is consistent with other facts which have been ascertained and have been proved.

– Ogunwumiju JSC. Junaidu v. State (2021)

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CONFESSION ALONE CAN GROUND CONVICTION

Furthermore, it is also the law that the confessional statement of an accused person alone is sufficient to ground a conviction. A confession alone, properly proved, is enough to ground a conviction, even without corroboration. Thus, an uncorroborated confessional statement of an accused person can be acted upon, without more. Nonetheless, it is advisable to look for some evidence outside the confessional statement which makes it probable that the confession is true.

– Sankey JCA. Abdul v. State (2021)

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CONVICTION CAN BE FOUNDED ON RETRACTED CONFESSIONAL STATEMENT

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)

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CONFESSIONAL STATEMENT CONSTITUTES EVIDENCE AGAINST THE MAKER ALONE

In a plethora of decisions, this court has held that a confessional statement constitutes evidence against the maker alone and cannot be used as evidence against a co-accused unless the co-accused adopts it by word or conduct. The rationale for this is clear – noone can confess to a crime on behalf of another. See: Ajaegbo v. The State (2018) LPELR – 44531 (SC) @ 44 – 45 C – D; (2018) 11 NWLR (Pt. 1631) 484; Kasa v. The State (1994) 5 NWLR (Pt. 344) 269 @ 288; Jimoh v. The State (2014) 10 NWLR (Pt. 1414) 105 @ 139. It is therefore an incorrect statement of the law to state that the court can rely on the extra-judicial confession of an accused against his co-accused, to ground a conviction against him so long as it incriminates him.

— Kekere-Ekun, JSC. Enobong v. The State (2022) – SC/CR/249/2020

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A RETRACTED CONFESSIONAL STATEMENT IS ADMISSIBLE IN EVIDENCE

The Appellant may have retracted his Confessional Statement but it is settled that where the Accused says that he did not make the Confession at all, the trial Court is entitled to admit it in evidence, and thereafter, decide whether or not he made the said Confession, at the conclusion of trial. So, a retracted Confession is admissible in evidence Ikpasa v. State (supra), Sule V. State (2009) 17 NWLR (Pt. 1169) 33. However, the trial Court is enjoined to look for some evidence outside the Confessional Statement, which renders it plausible or true. This entails examining his new version of events that is different from his retracted confessional Statement, then the trial Court must ask – Is there anything outside the confession, which shows it may be true? Is it corroborated in anyway?

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

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CONFESSIONAL STATEMENT IS USUALLY THE BEST EVIDENCE TO CONVICT AN ACCUSED

Where a confessional statement is voluntarily made, it is the best evidence which the trial Court can rely to convict an accused person. But in most cases, at the trial, accused persons raise objection ranging from that they did not make the said statement or that they were coerced to make it or that they did not sign it. These are issues that are usually raised in Court on a daily basis.

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

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