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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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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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TAKING A SUSPECT BEFORE A SUPERIOR OFFICER IS NOT A LEGAL REQUIREMENT

The procedure of taking a suspect who has made a confessional statement before a superior officer for confirmation is not a legal requirement. It is an administrative practice that has gained judicial approval, as an additional means of ensuring that a confessional statement is voluntary.

– Kekere-Ekun JSC. Berende v. FRN (2021)

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FAILURE TO PROVIDE AN INTERPRETER FOR AN ACCUSED IS NOT FATAL

In any case, I hold that failure to provide an interpreter where an accused person is represented by counsel, and there is/was no objection raised at the trial court, this will not result in vitiating the trial or result in disturbing or interfering with the judgment of a trial court. It will or may be a different thing where there is no counsel representing the accused person and where such failure will or has led to a miscarriage of justice or that the accused person has been prejudiced thereby as a result.

— Ogbuagu, JSC. Udosen v State (2007) – SC.199/2005

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FAILURE OF ACCUSED TO INFORM COURT HE DOES NOT UNDERSTAND ENGLISH

The fact that the accused does not understand the language in which the trial is being conducted is a fact well known to the accused and it is for him or his counsel to take the initiative of bringing it to the notice of the Court at the earliest opportunity. If he does not claim the right at the proper time before any damage is done, he may not be able to have a valid complaint afterwards, for example on appeal. Where the accused person refuses to inform the Court that he does not understand English Language, it will be too late for him to seek protection under Section 36(6)(e) of the Constitution to have his conviction set aside through the backdoor.

– A. Jauro JSC. Balogun v. FRN (2021)

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WHERE CONFESSION IS OBJECTED TO – ADMISSIBILITY SHOULD BE DETERMINED

Indeed, it is settled law that where a confession is objected to not as in the instant case where no objection was raised as to the voluntariness of these extra judicial statements – a judge sitting alone must hear and determine its admissibility.

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

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FAILURE TO USE VIDEO RECORDING DURING RECORDING CONFESSIONAL STATEMENT

The use of the imperative word “shall” in the provision underscores its mandatory nature. The mischief sought to be curbed by the law includes such unsavory situations as where an alleged confession is extracted by torture and duress imposed on a defendant which led to the confession, to avoid miscarriage of justice and to reduce to the barest minimum the incidents of retractions and time consumed by trial within trial proceedings. Section 9(3) ACJL is a mandatory procedural law against infractions on the constitutional rights of a defendant as enshrined in Section 35(2) of the CFRN (as altered). Any purported confessional statement recorded in breach of the said provision is of no effect. It is impotent and worthless. See JOSEPH ZHIYA v. THE PEOPLE OF LAGOS STATE (2016) LPELR – 40562 Pp. 28-29 Paras G-B, ISMAILA FATOKI v. THE STATE- unreported judgment of the Court of Appeal in Appeal No. CA/L/1125/2011 delivered on 11/12/2015, FABIAN MATHEW v. THE STATE – unreported judgment of the Court of Appeal in Appeal No. CA/L/1126/2011 delivered on 11/12/2015, KINGSLEY AKHABUE v. THE STATE – unreported judgment of the Court of Appeal in Appeal No. CA/L/1056/2011 delivered on 11/12/2015, AGBANIMU v. FRN (2018) LPELR – 43924 (CA) Pp. 11-12 Paras E-A, ENECHE v. PEOPLE OF LAGOS STATE (2018) LPELR – 45826 (CA) Pp. 27-28 which are persuasive precedents of the Court of Appeal.

— H.M. Ogunwumiju, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)

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