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FREE AND VOLUNTARY CONFESSIONAL STATEMENT CAN GROUND A CONVICTION

Dictum

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”.

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RETRACTED CONFESSIONAL STATEMENT MUST MEET FOLLOWING TESTS

My Lords, the confessional statement of the Appellant was retracted by him in the course of the trial and the position of the law as reiterated by this Court in several cases is that the statement must meet the probability test set out in R. v. Sykes (1913) 18 CR All Pg. 233: a) Whether there is anything outside it to show the statement is true, b) Whether it is corroborated, c) Whether the statement made in it of fact so far as they can be tested are true, d) Whether the accused had the opportunity of committing the offence, e) Whether it is consistent with other facts which have been ascertained and have been proved.

– Ogunwumiju JSC. Junaidu v. State (2021)

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INTERPRETER OF AN ACCUSED STATEMENT MUST BE CALLED

It is indeed the law that an accused person’s statement should, as much as possible, be taken down in the exact words of the accused person. Where the statement is thereafter translated into English by another person, the interpreter must be called as a witness in order for the statement in English to be admissible in evidence. Where that interpreter is not called, the statement in English will be regarded as hearsay evidence and will therefore be inadmissible

– Eyop v. State (2018) 6 NWLR (Pt. 1615) 273 (SC) per Sanusi, J.S.C.

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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)

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CONVICTION CAN BE FOUNDED ON RETRACTED CONFESSIONAL STATEMENT

The law is trite that a conviction can be found on a retracted confessional statement of an accused person once it is voluntary, positive and true. Where an accused person objects to the tendering of his confessional statement on the ground that he did not make it, the confession will be admitted and the question as to whether he made it or not will be decided at the end of the trial, since the issue of its voluntariness does not arise for consideration. See: Dibia v. State (2017) LPELR 48453 SC.

— Abdu Aboki, JSC. Abdulrahim Usman v. The State (SC.61C/2019, Friday May 06, 2022)

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A RETRACTED CONFESSIONAL STATEMENT MUST BE CORROBORATED TO BE ADMISSIBLE

The Respondent subsequently retracted Exhibits C & C 1. A retracted confessional statement is nonetheless admissible in evidence. The practice however is to look for some corroborative evidence outside the confession which makes the fact of the making of the confession credible and reliable before the Court relies on it to convict the accused, the maker. This practice which has come to be known as the “SYKE’S RULE”, following R. v. SYKES (1913) 8 Cr. App Report 233, has since become part of our criminal law jurisprudence, it having been cited with approval in several cases including UBIERHO v. THE STATE (2005) 5 NWLR (pt. 919) 644; FABIYI v. THE STATE (2015) LPELR 24834 (SC). The Rule ensures that the trial Court must properly satisfy itself that the retracted confession was infact made truly and voluntarily by the accused person.

— Ejembi Eko, JSC. State v Sani Ibrahim (2019) – SC.1097/2016

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CONFESSIONAL STATEMENT SHOULD BE OBJECTED TO WHEN SOUGHT TO BE TENDERED

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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