It is now axiomatic that a confessional statement can ground the conviction of an accused person provided that it is direct and positive. It is therefore no longer debatable that a man may be convicted on his confessional statement alone which is voluntary, free, positive, so long as the Court is satisfied of its truth. Such a confession would constitute proof of guilt of the maker and suffices as evidence upon which to ground or sustain his conviction.
– Abdu Aboki, JSC. Chukwu v. State (2021)
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The law is well settled on issues relating to admissibility or otherwise of confessional statements by accused persons. A confessional statement is a statement by an accused person which unequivocally confesses to the commission of an offence charged. Such a statement to be of any probative value, must be clear, precise and unequivocal. It must also be direct, positive and should relate to the accused person’s own acts, knowledge or intention, stating or suggesting the inference that he committed the crime charged. See Akpan v The State (1992) 7 SCNJ 22, Yesufu v State (1976) 6 SC 167, Magaji v The Nigerian Army (2008) 8 NWLR (pt 1089) 338.
— J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019)
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
In other words, the retracted confession must pass the six credibility tests forming part of our criminal jurisprudence which have been established in a long fine of cases referred to above. These are: i. Is there anything outside the confession to show that it is true? ii. Is it corroborated? iii. Are the relevant statements made in it of facts true as far as they can be tested? iv. Was the accused one who had the opportunity of committing murder? v. Is his confession possible? vi. Is it consistent with other facts which have been ascertained and have been proved?
– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016
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)
I entirely agree with the contention of the Respondent’s counsel that the nature of the corroborative evidence required does not need to be direct evidence linking the Defendant to the commission of the offence. Circumstantial evidence is sufficient, particularly where it leads to no other conclusion than the guilt of the Defendant. I agree with the Respondent’s counsel that a confessional statement is the best evidence in Nigerian criminal jurisprudence as it is direct evidence by the perpetrator giving the reasons for and how the offence was committed. So long as it is voluntary and it is a direct and positive admission of guilt, it can be used to convict even where it has been retracted.
– Ogunwumiju JSC. Junaidu v. State (2021)
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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