It must also be stated that the time to object to the voluntariness of a confessional statement is when it is sought to be tendered and not after it has been admitted in evidence. See: Godsgift Vs The State (2016) LPELR-40540 (SC) 5 31 B C; Olalekan Vs The State (2002) 2 SCNJ 104; Muhammad Vs The State (2017) LPELR-42098 ISC) g 17 18 C B.
— K.M.O. Kekere-Ekun, JSC. State v Sani Ibrahim (2019) – SC.1097/2016
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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)
Olalekan v. State (2001) LPELR-2561(SC) 4, 50-51, F-A, where Onu, J.S.C. held as follows: “This Court has held times without number that the statement of an accused is not inadmissible merely because it is taken down in a different language from the language of the person making it. See Queen v. Baba Haske (1961) 1 All NLR 330 at 333.” (Emphasis supplied).
At page 37, A-C of the same Report, Karibi-Whyte, J.S.C. also stated as follows: “The general proposition is well settled that where an interpreter has been used in the recording of a statement, the statement is inadmissible unless the person who interpreted it is called as a witness as well as the person who wrote it down.”
Again, at pages 55-57 of the same Report, Uwaifo, J.S.C. made his findings in extension as follows: “I have read the reasons given by my learned brother Ogundare, J.S.C. for dismissing this appeal on 20 September, 2001. I wish however, to express my views briefly on whether Exhibit A was properly admitted at the trial. Sgt Linus Patricks (PW6) was the officer who recorded the statement of the appellant. The appellant spoke in Yoruba language and PW6, acting through an interpreter, Aremu Adeosun (PE3), recorded the statement in English language. That was how Exhibit A, the said statement, came into existence. Now, PW3 testified that he interpreted between PW6 and the Appellant. Thereafter, he read the statement as written in English language by interpreting it to the Appellant who agreed that it was correctly recorded. He said the Appellant thumb-printed Exhibit A and he, the interpreter, signed it, as did PW6, the recorder of the statement… At the trial Court, no objection was taken to the voluntariness of the statement, or any other objection at all… The objection now taken in this Court is that the statement (Exhibit A) is hearsay evidence… With the greatest respect, what I understand the authorities in this country to establish is that where an interpreter has been used in taking down a statement, both the person who wrote down the statement and the person who interpreted it must be called as witnesses. In the case of the person who recorded the statement, he would, of course, state in evidence the procedure he took in the process. That was done in the present case. As for the person who interpreted, he would need to be presented as a witness to testify that he interpreted. It is then open to the defence to cross-examine them… I am therefore satisfied that the prosecution called the necessary witnesses who gave sufficient evidence in the present case to make Exhibit A admissible… The objection that it was hearsay is not well founded and I overrule it.”
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)
Usually, objections raised as to the admissibility of confessional statements pose one of the greatest challenges to criminal trials as it slows down the pace of the proceedings when there is a trial within trial. It is for this reason that Section 9(3) of the Administration of Criminal Justice Law of Lagos State 2011 and Section 17(2) and 15(4) of the Administration of Criminal Justice Act 2015 have been put in place to ensure that the Police and other agencies who have the power to arrest, obtain confessional statements from suspects without any form of oppression or illegality. The effect of the said provision is that every confessional statement must be recorded on video so that the said recording can be tendered and played in Court as evidence to prove voluntariness or a legal practitioner or any person as specified under Section 17(2) of the ACJA must be present. The essence of the video/audio-visual evidence is obviously so that the Court will be able to decipher from the demeanor of the Defendant and all other surrounding circumstances in the video if he or she voluntarily made the confessional statement. Alternatively, where a video facility is not available, the Police must take the confessional statement in writing and must ensure that while same was being taken, the Defendant had a Legal Practitioner of his choice present. However, over the years, it seems to me that these provisions are only existent on paper as the Police and other security agencies seldom comply with them. The current state of technology where most mobile phones have a recording application that would state the time and place of making the video if there is no official Police photographer at hand, makes the non-compliance inexcusable. My Lords, it is baffling, to say the least, that at this point in our criminal justice system, there is still failure to meet with minimum standards of Police investigation or interrogation that obtains in other jurisdictions.
— H.M. Ogunwumiju, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)
Where a confessional statement is voluntarily made, it is the best evidence which the trial Court can rely to convict an accused person. But in most cases, at the trial, accused persons raise objection ranging from that they did not make the said statement or that they were coerced to make it or that they did not sign it. These are issues that are usually raised in Court on a daily basis.
— J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019)
The law is also trite that an accused person can be convicted based on his confession alone. In such situation, there is however the need to test the truth of the confession in the light of other credible evidence before the Court. Such test as enunciated in the case of R. V. Skyes (1913) 8 CAR page 233 may include the following:- Whether there is anything outside the confession to show that it is true. Whether it is corroborated. Whether the statement made in it are in fact true as far as they can be tested. Whether the accused had the opportunity of committing the crime. Whether the confession is possible. Whether it is consistent with other facts which have been ascertained and which have been proved. See also Onyenye v The State (supra), Alarape v The State (2001) 5 NWLR (pt 705) 79, Dawa & Anor v The State (1980) SC 236 page 267.
— J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019)
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