It is trite law that where a person makes a free and voluntary confessional statement which is direct and positive and is properly proved, a trial court can comfortably convict him even on such confessional statement alone, without necessarily looking for any corroborative evidence.
– Sanusi, JSC. Umaru Sunday v. FRN (2018) – SC.145/2013
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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)
My Lords, the position of the law as it stands today is that the signed retracted confessional statement Exh. 7A taken in vernacular is admissible in evidence. What matters is the probative value to be attached to it.
– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016
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)
It is now axiomatic that a confessional statement can ground the conviction of an accused person provided that it is direct and positive. It is therefore no longer debatable that a man may be convicted on his confessional statement alone which is voluntary, free, positive, so long as the Court is satisfied of its truth. Such a confession would constitute proof of guilt of the maker and suffices as evidence upon which to ground or sustain his conviction.
– Abdu Aboki, JSC. Chukwu v. State (2021)
The tests for determining the voluntariness of a confessional statement have been consistently applied by this Court in a plethora of cases as follows: (1) Whether there is anything outside the confession to show that it is true. (2) Whether the statement is corroborated, no matter how slight (3) Whether the facts contained therein, so far as can be tested, are true. (4) Whether the accused person had the opportunity of committing the offence. (5) Whether the confession of the accused person was possible. (6) Whether the confession was consistent with other facts which have been ascertained and proved in the matter.
– J.I. Okoro JSC. Berende v. FRN (2021)
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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