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CONFESSIONAL STATEMENT CONSTITUTES EVIDENCE AGAINST THE MAKER ALONE

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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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FREE AND VOLUNTARY CONFESSIONAL STATEMENT CAN GROUND A CONVICTION

In the case of Udo v State (2016) 12 NWLR (Pt.1525) pp.33-34, paras. H-A, this Court held that: “Free and voluntary confessional statement of an accused alone is sufficient to sustain his conviction, provided the Court is satisfied that it was made in a free atmosphere and is direct, unequivocal and positively proved. In this case, the two statements made by the appellant as Exhibits 4 and 5 were confessional. They were sufficient to convict the appellant thereon. Consequently, the defence of alibi raised by the accused during his testimony was too late in the day and only an afterthought”.

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RETRACTED CONFESSIONAL STATEMENT IS STILL ADMISSIBLE

In ASIMI V. STATE (2016) LPELR – 40436 (SC), this Court per Rhodes Vivour JSC at Pp 14-15, para E-C stated succinctly thus: 22 “Once, an extra-judicial confession has been proved as in this case to have been made voluntarily and it is positive and unequivocal, amounting to an admission of guilt (such as the appellant’s confessional statement, Exhibit P6) a Court can convict on it even if the appellant retracted or resiled from it at trial. Such an afterthought does not make the confession inadmissible. It is desirable but not mandatory that there is general corroboration of the important incidents and not that retracted confession should be corroborated in each material particular.”

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RETRACTION OF CONFESSIONAL STATEMENT

Additionally, on the retraction of the contents of Exhibit A at the trial by the Appellant as DW1, the law is settled that a retraction or denial of a confessional statement does not affect its admissibility. Thus, the mere fact that a confessional statement is challenged on the ground that the accused person did not make the statement, does not render it inadmissible in evidence. In such a situation, the application of the following principles should be considered in determining whether or not to believe and act on a confession which an accused person has resiled from: a) Whether there is anything outside the confession which may vindicate its veracity; whether it is corroborated in any way; b) Whether its contents, if tested could be true; c) Whether the defendant had the opportunity of committing the alleged offence; or d) Whether the confession is possible and the consistency of the said confession with other facts that have been established.

– Sankey JCA. Abdul v. State (2021)

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CONFESSIONAL STATEMENT IS THE BEST EVIDENCE IN NIGERIA CRIMINAL LAW

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)

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WHERE THERE IS RETRACTION OF CONFESSIONAL STATEMENT, COURT SHOULD CONVICT ONLY WHEN THERE IS CORROBORATION

Where a confessional statement is denied or retracted by an accused as in the instant case. it is desirable to have corroborative evidence no matter how slight before convicting on it. The Courts are enjoined as a matter of duty to test the veracity or otherwise of such statement by comparing it with other facts and circumstances outside the statement, to see whether they support, confirm or correspond with it. In other words, the Court must scrutinize the statement to test its truthfulness or otherwise in line with other available evidence. See: KAZEEM VS STATE (2009) All FWLR (Pt.465) page 1749; EDHIGERE VS STATE (1996) 8 NWLR (Pt.464) page 1; ONOCHIE & 7 ORS. VS THE REPUBLIC (1966) 1 SCNLR 204; and QUEEN VS ITULE (1961) 2 SCNLR 183.

— S.D. Bage, JSC. State v Masiga (2017) – SC

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CONFESSIONAL STATEMENT BECOMES PROOF

Be it noted that a confessional statement becomes proof of an act when it is true, positive and direct. – Onu JSC. Peter v. State (1997)

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