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INTERPRETER OF AN ACCUSED STATEMENT MUST BE CALLED

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Dictum

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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HAVING CONFESSIONAL STATEMENT ENDORSED BY SUPERIOR OFFICERS IS COMMENDABLE

I must however emphasise the commendable practice of having confessional statements being endorsed by a superior police officer on having been satisfied on its voluntariness. These procedural safeguards are the most effective means to enable a trial court discover the truth of the matter as to the voluntariness or otherwise of an accused’s confession.

– Chukwuma-Eneh JSC. Ibeme v. State (2013)

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CONFESSION IS RELEVANT WHEN IT PROVES FACT

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)

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CONFESSIONAL STATEMENT BEING THE BEST STATEMENT FOR CONVICTION

There is no doubt that a confessional statement is the best evidence to prove a crime. It is the evidence of the perpetrator describing why and how the crime was committed. It proves both the mens rea and the actus reus. However, such admission to be solely used to convict a defendant must be voluntarily made and must be a positive and direct admission of guilt.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

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CONFESSIONAL STATEMENT – CONFIRMATION BY SUPERIOR OFFICER MAY BE DISPENSED WITH

Confirmation before a superior police officer of a statement made by the accused that he was the one who committed the crime may be dispensed with and the confessional statement may be admitted if there is no suspicion of such statement not being voluntary. See MUSA KASA v. THE STATE (1994) 6 SCNJ.

– Galadima, JSC. Kingsley v. State (2016)

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CONFESSIONAL STATEMENT TENDERED WITHOUT OBJECTION IS VALID

The law is well settled that when a confessional statement is tendered without objection by an accused or his counsel, they cannot cry foul on appeal as it is deemed they were in agreement with what was tendered at the trial Court, see the cases of Shurumo v. State (2010) LPELR-3069(SC) and FRN v. Kayode-Beckley (2020) LPELR-50549(CA), neither the appellant nor his counsel objected to PW4 tendering exhibit A at the trial Court.

– EBIOWEI TOBI, J.C.A. Abdul v. State (2021)

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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

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