Judiciary-Poetry-Logo
JPoetry

CONFESSION DOES NOT BECOME IRRELEVANT DUE TO DECEPTION

Dictum

My Lords, the law is trite that a confession otherwise relevant does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the defendant for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he needed to have answered, whatever may have been the form of these questions, or because he was not warned that he was not bound to make such statement and the evidence of it might be given.

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

Was this dictum helpful?

SHARE ON

CONFESSIONAL STATEMENT SHOULD BE OBJECTED TO WHEN SOUGHT TO BE TENDERED

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

Was this dictum helpful?

RETRACTED CONFESSIONAL STATEMENT IS ADMISSIBLE

My Lords, the position of the law as it stands today is that the signed retracted confessional statement Exh. 7A taken in vernacular is admissible in evidence. What matters is the probative value to be attached to it.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

Was this dictum helpful?

CONFESSIONAL STATEMENT IS THE BEST EVIDENCE

Confessional statement is the best evidence to ground conviction and, as held in a number of cases, it can be relied upon solely where voluntary. The criminal guilt of an accused person could be established by confessional statement, circumstantial evidence and evidence of an eye witness. A confessional statement of the Appellant that was free and voluntary led to the crystallisation of the procedure stipulated under Section 156 and 157 of the CPC, which 17 were duly applied as held above. A confessional statement does not become inadmissible even if the accused person denied having made it. This has been the settled position in our jurisprudence of criminal justice.

— S.D. Bagel, JSC. Mohammed v. COP (2017) – SC.625/2014

Was this dictum helpful?

TRIAL-WITHIN-TRIAL IS TO TEST VOLUNTARINESS OF CONFESSIONAL STATEMENTS ONLY

I agree with the learned counsel for the Respondent that the Appellant’s counsel had really misunderstood the fundamental requirement in criminal trial. A trial within trial is required in law where the objection to admissibility of a statement is based on the ground that it was not made voluntarily. In that case there has to be a trial within trial to determine the question of voluntariness. It is only where this is proved by the prosecution that the statement is admitted in evidence.

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

Was this dictum helpful?

TRIAL-WITHIN-TRIAL IS TO DETERMINE VOLUNTARINESS OF CONFESSIONAL STATEMENT

I must emphasise that the function of a court in trial within trial is narrowed down to determining solely the question of voluntariness of the statement in issue and not on whether or not the statement is that of the accused person or improperly recorded. It boils down to the proposition that there is no way an accused person who has not acknowledged his alleged confessional statement sought to be tendered by the prosecution in a trial within trial can come round to object to its voluntariness. The absence of his locus to otherwise so contend is indisputable.

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

Was this dictum helpful?

FREE & VOLUNTARY CONFESSIONAL STATEMENT CAN GROUND CONVICTION

It is trite law that where a person makes a free and voluntary confessional statement which is direct and positive and is properly proved, a trial court can comfortably convict him even on such confessional statement alone, without necessarily looking for any corroborative evidence.

– Sanusi, JSC. Umaru Sunday v. FRN (2018) – SC.145/2013

Was this dictum helpful?

No more related dictum to show.