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RETRACTED CONFESSIONAL STATEMENT MUST MEET FOLLOWING TESTS

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My Lords, the confessional statement of the Appellant was retracted by him in the course of the trial and the position of the law as reiterated by this Court in several cases is that the statement must meet the probability test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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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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SIX TESTS CONFESSIONAL STATEMENT MUST PASS IF RETRACTED

Where a confessional statement is retracted as in this case, the Court then shall decide the weight it would attach to the confessional statement. The best way to go about it is by subjecting the confession to the underlisted six tests, namely: (a) Is there anything outside the confession to show that it is true? (b) Is the confessional statement corroborated (c) Are the statements made in it of facts and so far as we can test them, true? (d) Is the accused person a person who had the opportunity of committing the offence (e) Is his confession possible? (f) Is it consistent with other facts which have been ascertained and which have been proved at the trial See Kareem v FRN (2003) 16 WRN 114; Kolawole v State (2015) EJSC (Vol.3) 41; Dibie v State (2007) 1 ALL FWLR (pt.363) 83; Ejinima v State (1991) 5 LRCN 1640; Bature v State (1994)1 NWLR (pt.320) 267.

— Amiru Sanusi, JSC. Ogunleye Tobi v The State (2019) – SC.714/2017

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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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WHAT IS A CONFESSIONAL STATEMENT

The law is well settled on issues relating to admissibility or otherwise of confessional statements by accused persons. A confessional statement is a statement by an accused person which unequivocally confesses to the commission of an offence charged. Such a statement to be of any probative value, must be clear, precise and unequivocal. It must also be direct, positive and should relate to the accused person’s own acts, knowledge or intention, stating or suggesting the inference that he committed the crime charged. See Akpan v The State (1992) 7 SCNJ 22, Yesufu v State (1976) 6 SC 167, Magaji v The Nigerian Army (2008) 8 NWLR (pt 1089) 338.

— J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019)

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ACCUSED CAN BE CONVICTED BASED ON CONFESSIONAL STATEMENT ALONE – NEED TO TEST CONFESSIONAL STATEMENT

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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A RETRACTED CONFESSIONAL STATEMENT IS ADMISSIBLE IN EVIDENCE

The Appellant may have retracted his Confessional Statement but it is settled that where the Accused says that he did not make the Confession at all, the trial Court is entitled to admit it in evidence, and thereafter, decide whether or not he made the said Confession, at the conclusion of trial. So, a retracted Confession is admissible in evidence Ikpasa v. State (supra), Sule V. State (2009) 17 NWLR (Pt. 1169) 33. However, the trial Court is enjoined to look for some evidence outside the Confessional Statement, which renders it plausible or true. This entails examining his new version of events that is different from his retracted confessional Statement, then the trial Court must ask – Is there anything outside the confession, which shows it may be true? Is it corroborated in anyway?

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

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