STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

CONFESSIONAL STATEMENT IS THE BEST EVIDENCE

Reach more audience. Place advert here.

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?

SHARE ON

confessional statement

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?

CONFESSION DOES NOT BECOME IRRELEVANT DUE TO DECEPTION

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?

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)

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?

FACTORS THE COURT WILL CONSIDER BEFORE RELYING ON A RETRACTED STATEMENT

Before relying on a retracted confessional statement to convict an accused person, the factors the Court would consider are as follows: 1. Whether there is anything outside the confession which shows that it may be true; 2. Whether the confessional statement is in fact corroborated; 3. Whether the relevant statements of fact made in it are most likely true as far as they can be tested; 4. Whether the accused had the opportunity of committing the offence; 5. Whether the confession is possible; and 6. Whether the alleged confession is consistent with other facts that have been ascertained and established. See: R Vs Sykes (1913) 8 Cr.App. Report 233; Ubierho Vs The State (2005) 5 NWLR (Pt. 919) 644 @ 655; Nwachukwu Vs The State (supra); Fabiyi Vs The State (2015) LPELR -24834 (SC) @ 33-34 E-D.

— K.M.O. Kekere-Ekun, JSC. State v Abdu Musa (2019) – SC.625/2016

Was this dictum helpful?

WHAT IS A CONFESSION?

A confession is defined as a statement admitting or accepting that one is guilty of a crime. Legally speaking; a confession is a statement by which an individual acknowledges his or her guilt in the commission of a crime. A person makes a confession when he is guilty of something which is criminal in nature. See Nsofor v State (2008)18 NWLR (pt.905)292; Abdullahi v State (2015) EJSC Vol.8)103. In short, a confessional statement is an acknowledgement expressly made by an accused in a criminal case, of the truth of the main fact charged or some essential part of it. See also Akpan V State (2001)11 SCM 66 or (2001)15 NWLR (pt.737)745; Nwachukwu v State (2002)12 SCM 143; Jimoh v State (2014) LPELR 22464 (SC); Onuoha v State(1987) 4 NWLR (pt.65)331; Adebayo v State (2015)EJSC (VOL.4) 60.

— A. Sanusi, JSC. State v Abdu Musa (2019) – SC.625/2016

Was this dictum helpful?

No more related dictum to show.