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)
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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)
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.”
It is trite that the mere retraction of a confessional statement by the Defendant will not render it inadmissible. It will only affect the weight to be attached to it where the Defendant denies making it at the earliest opportunity.
– Ogunwumiju JSC. Junaidu v. State (2021)
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
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)
A confessional statement which is voluntarily made is an admission by the maker that he committed the offence. it is the best evidence in support of the case of the prosecution against an accused person. however, such evidence, apart from being voluntarily made, must be positive, direct, pungent and consistent with other facts as proved in the case.
– Adamu Jauro, JSC. Enabeli v. State (2021)
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