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CONFESSIONAL STATEMENT IS THE BEST EVIDENCE IN NIGERIA CRIMINAL LAW

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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long as it is voluntary and it is a direct and positive admission of guilt, it can be used to convict even where it has been retracted.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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A CONFESSIONAL STATEMENT IS THE STRONGEST EVIDENCE AGAINST AN ACCUSED

It is trite in law, that there is no evidence stronger than a person’s own admission or confession. The confessional statement made by an accused person is potent evidence in the hand of a prosecutor for proving a charge. It is the best and safest evidence on which to convict.

– M. Peter-Odili, JSC. Enabeli v. State (2021)

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FAILURE TO USE VIDEO RECORDING DURING RECORDING CONFESSIONAL STATEMENT

The use of the imperative word “shall” in the provision underscores its mandatory nature. The mischief sought to be curbed by the law includes such unsavory situations as where an alleged confession is extracted by torture and duress imposed on a defendant which led to the confession, to avoid miscarriage of justice and to reduce to the barest minimum the incidents of retractions and time consumed by trial within trial proceedings. Section 9(3) ACJL is a mandatory procedural law against infractions on the constitutional rights of a defendant as enshrined in Section 35(2) of the CFRN (as altered). Any purported confessional statement recorded in breach of the said provision is of no effect. It is impotent and worthless. See JOSEPH ZHIYA v. THE PEOPLE OF LAGOS STATE (2016) LPELR – 40562 Pp. 28-29 Paras G-B, ISMAILA FATOKI v. THE STATE- unreported judgment of the Court of Appeal in Appeal No. CA/L/1125/2011 delivered on 11/12/2015, FABIAN MATHEW v. THE STATE – unreported judgment of the Court of Appeal in Appeal No. CA/L/1126/2011 delivered on 11/12/2015, KINGSLEY AKHABUE v. THE STATE – unreported judgment of the Court of Appeal in Appeal No. CA/L/1056/2011 delivered on 11/12/2015, AGBANIMU v. FRN (2018) LPELR – 43924 (CA) Pp. 11-12 Paras E-A, ENECHE v. PEOPLE OF LAGOS STATE (2018) LPELR – 45826 (CA) Pp. 27-28 which are persuasive precedents of the Court of Appeal.

— H.M. Ogunwumiju, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)

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CONFESSION IS RELEVANT WHEN IT PROVES FACT

The vital consideration that should engage the mind of a trial Judge is the relevancy of the confession. A confession is relevant when it proves the fact that constitutes one of, or all, the elements of the crime to be proved, and/or identifies the person who committed the offence. If the confession is relevant and is free and voluntary, it is admissible in evidence and once admitted, the weight to be attached depends on its probative value and pure truth content.

– Sankey JCA. Abdul v. State (2021)

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CONFESSIONAL STATEMENTS ARE TO BE SUBJECT TO SIX TESTS

However, in multiplicity of judicial authorities of this Court, it has been decided that before relying solely on confessional statement to convict an accused or in the process of evaluation of same, trial Courts are desired to subject the confessional statement to the following six tests; namely (a) Is there anything outside the confession to show that it is true? (b) Is it corroborated (c) Are the relevant statements made on it in fact true as they can be tested? (d) Was the accused one who had the opportunity of committing the offence? (e) Is the confession possible; and (f) Is it consistent with the other facts which have been ascertained and have been proved? Once a confessional statement is subjected to these six tests, this Court has held that same can be safely relied upon to ground a conviction. See Musa V State (2013) 2-3 SC (pt.II) 75 at 94; Nwachukwu vs The State (2007)7 SCM (pt.2) 447 at 455; Ikpo v State (1995)9 NWLR (pt.421)540 at 554.

— A. Sanusi, JSC. Bassey v State (2019) – SC.900/2016

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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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WHEN A TRIAL-WITHIN-TRIAL IS TO BE CONDUCTED

When a trial Court is confronted with a statement made by an accused person which is confessional, there are two situations that may arise. The accused person may object to the admissibility of the statement on the ground that it was not voluntarily made; that it was procured by means of torture, inducement or fear. In such circumstances, it is the duty of the court to conduct what is commonly referred to as a “trial within trial” to determine if indeed the statement was voluntarily made, Where the accused person denied making the statement at all, a trial within trial is unnecessary. The Court would be at liberty to admit the statement in evidence and at the conclusion of the case determine the probative value to attach to it.

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

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