Judiciary-Poetry-Logo
JPoetry

RETRACTED CONFESSIONAL STATEMENT MUST PASS THESE TESTS

Dictum

In other words, the retracted confession must pass the six credibility tests forming part of our criminal jurisprudence which have been established in a long fine of cases referred to above. These are: i. Is there anything outside the confession to show that it is true? ii. Is it corroborated? iii. Are the relevant statements made in it of facts true as far as they can be tested? iv. Was the accused one who had the opportunity of committing murder? v. Is his confession possible? vi. Is it consistent with other facts which have been ascertained and have been proved?

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

Was this dictum helpful?

SHARE ON

DENIAL OF CONFESSIONAL STATEMENT DOES NOT MAKE THE CONFESSIONAL STATEMENT INADMISSIBLE

Against this background, it is important to note that the Appellant, in the course of his evidence-in-chief before the lower Court, retracted from the said Exhibits A and A1, thus prompting the lower Court into deciding that the entire evidence of the Appellant was at that stage unreliable and therefore discountenanced same; but the settled position of the law is that a retraction of a confession does not ipso facto render the confession inadmissible. See the old case of R. v. JOHN AGAGARIGA ITULE (1961) 1 ANLR 402 (FSC) where the Supreme Court per BRETT, Ag CJF held thus; “A confession does not become inadmissible merely because the accused person denies having made it and in this respect a confession contained in a statement made to the Police by a person under arrest is not to be treated different from any other confession. The fact that the Appellant took the earliest opportunity to deny having made the statement may lend weight to his denial. See R v. SAPELE and ANOR (1952) 2 FSC 74 but it is not in itself a reason for ignoring the statement.” … It would be further recalled that the Appellant took the earliest opportunity when the statement was offered in evidence to deny having made it. But the position remains in law, that a mere denial without more, even at the earliest opportunity, cannot, on the bare facts of the case, lend any iota of weight to the denial. Apart from the fact that the denial is a bare statement bereft of any supporting facts, it is by and large, standing only on the ipsi dexit of the Appellant. To make matters rather worse and as revealed by the printed records in this case, the said statements were not even challenged on grounds of involuntariness and the learned trial Court in its Ruling on the objection raised by the Appellant rightly declined the invitation to conduct a trial within trial. Against this backdrop, the question of the voluntariness of the statements, not having been raised or challenged at the trial, this Court therefore holds that the prosecution proved affirmatively that Exhibits A and A1 were voluntary confessional statements of the Appellant. Regardless of this position, the usual thing in all criminal trials is that the burden of proving affirmatively beyond doubt that the confession was made voluntarily is always on the prosecution, which this prosecution succeeded in doing as expected in this case. See the cases of JOSHUA ADEKANBI v. A-G WESTERN NIGERIA (1961) All NLR 47; R v. MATON PRIESTLY (1966) 50 CR APP. R 183 at 188; ISIAKA AUTA v. THE STATE (1975) NNLR 60 at 65 SC on the issue.

— F.O. Oho, JCA. Nasiru v State (2016) – CA/S/78C/2015

Was this dictum helpful?

CONFESSIONAL STATEMENT IS THE BEST POINTER TO THE TRUTH

It is trite law that a confessional statement made by an accused person, which is properly admitted in evidence is, in law, the best pointer to the truth of the role played by such accused person in the commission of the offence … There is however a duty on the Court to test the truth of a confession by examining it in the light of the other credible evidence before the Court.

– Adamu Jauro, JSC. Enabeli v. State (2021)

Was this dictum helpful?

TRIAL-WITHIN-TRIAL IS TO DETERMINE VOLUNTARINESS OF CONFESSIONAL STATEMENT

I must emphasise that the function of a court in trial within trial is narrowed down to determining solely the question of voluntariness of the statement in issue and not on whether or not the statement is that of the accused person or improperly recorded. It boils down to the proposition that there is no way an accused person who has not acknowledged his alleged confessional statement sought to be tendered by the prosecution in a trial within trial can come round to object to its voluntariness. The absence of his locus to otherwise so contend is indisputable.

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

Was this dictum helpful?

RETRACTED CONFESSIONAL STATEMENT IS STILL ADMISSIBLE

In ASIMI V. STATE (2016) LPELR – 40436 (SC), this Court per Rhodes Vivour JSC at Pp 14-15, para E-C stated succinctly thus: 22 “Once, an extra-judicial confession has been proved as in this case to have been made voluntarily and it is positive and unequivocal, amounting to an admission of guilt (such as the appellant’s confessional statement, Exhibit P6) a Court can convict on it even if the appellant retracted or resiled from it at trial. Such an afterthought does not make the confession inadmissible. It is desirable but not mandatory that there is general corroboration of the important incidents and not that retracted confession should be corroborated in each material particular.”

Was this dictum helpful?

CONFESSIONAL STATEMENT IS THE BEST EVIDENCE IN NIGERIA CRIMINAL LAW

I entirely agree with the contention of the Respondent’s counsel that the nature of the corroborative evidence required does not need to be direct evidence linking the Defendant to the commission of the offence. Circumstantial evidence is sufficient, particularly where it leads to no other conclusion than the guilt of the Defendant. I agree with the Respondent’s counsel that a confessional statement is the best evidence in Nigerian criminal jurisprudence as it is direct evidence by the perpetrator giving the reasons for and how the offence was committed. So long as it is voluntary and it is a direct and positive admission of guilt, it can be used to convict even where it has been retracted.

– Ogunwumiju JSC. Junaidu v. State (2021)

Was this dictum helpful?

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)

Was this dictum helpful?

No more related dictum to show.