CONFESSIONAL STATEMENT CONSTITUTES EVIDENCE AGAINST THE MAKER ALONE

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”.

CONFESSIONAL STATEMENT IS THE BEST POINTER TO THE TRUTH

It is trite law that a confessional statement made by an accused person, which is properly admitted in evidence is, in law, the best pointer to the truth of the role played by such accused person in the commission of the offence … There is however a duty on the Court to test the truth of a confession by examining it in the light of the other credible evidence before the Court.

– Adamu Jauro, JSC. Enabeli v. State (2021)

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

DENIAL OF CONFESSIONAL STATEMENT DOES NOT MAKE THE CONFESSIONAL STATEMENT INADMISSIBLE

Against this background, it is important to note that the Appellant, in the course of his evidence-in-chief before the lower Court, retracted from the said Exhibits A and A1, thus prompting the lower Court into deciding that the entire evidence of the Appellant was at that stage unreliable and therefore discountenanced same; but the settled position of the law is that a retraction of a confession does not ipso facto render the confession inadmissible. See the old case of R. v. JOHN AGAGARIGA ITULE (1961) 1 ANLR 402 (FSC) where the Supreme Court per BRETT, Ag CJF held thus; “A confession does not become inadmissible merely because the accused person denies having made it and in this respect a confession contained in a statement made to the Police by a person under arrest is not to be treated different from any other confession. The fact that the Appellant took the earliest opportunity to deny having made the statement may lend weight to his denial. See R v. SAPELE and ANOR (1952) 2 FSC 74 but it is not in itself a reason for ignoring the statement.” … It would be further recalled that the Appellant took the earliest opportunity when the statement was offered in evidence to deny having made it. But the position remains in law, that a mere denial without more, even at the earliest opportunity, cannot, on the bare facts of the case, lend any iota of weight to the denial. Apart from the fact that the denial is a bare statement bereft of any supporting facts, it is by and large, standing only on the ipsi dexit of the Appellant. To make matters rather worse and as revealed by the printed records in this case, the said statements were not even challenged on grounds of involuntariness and the learned trial Court in its Ruling on the objection raised by the Appellant rightly declined the invitation to conduct a trial within trial. Against this backdrop, the question of the voluntariness of the statements, not having been raised or challenged at the trial, this Court therefore holds that the prosecution proved affirmatively that Exhibits A and A1 were voluntary confessional statements of the Appellant. Regardless of this position, the usual thing in all criminal trials is that the burden of proving affirmatively beyond doubt that the confession was made voluntarily is always on the prosecution, which this prosecution succeeded in doing as expected in this case. See the cases of JOSHUA ADEKANBI v. A-G WESTERN NIGERIA (1961) All NLR 47; R v. MATON PRIESTLY (1966) 50 CR APP. R 183 at 188; ISIAKA AUTA v. THE STATE (1975) NNLR 60 at 65 SC on the issue.

— F.O. Oho, JCA. Nasiru v State (2016) – CA/S/78C/2015