STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

TEST TO PROVE CONFESSIONAL STATEMENT

Reach more audience. Place advert here.

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)

Was this dictum helpful?

SHARE ON

confessional statement

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 – 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)

Was this dictum helpful?

WHERE NATIVE LANGUAGE OF CONFESSIONAL STATEMENT AND ENGLISH VERSION, INTERPRETER MUST BE CALLED

Shaidu v. State (2026) 7 NWLR (Pt. 2041) 31, at 88 – 89, F – D: ‘As borne out on the record, the respondent did not call the interpreter in exhibit P2 to testify and there is evidence to show that the statement of the appellant in Exhibit P7 was recorded without an interpreter in breach of the appellant’s constitutional right to fair hearing. See section 36(6) of the 1999 Constitution (as altered). It is well settled that if the statement of a defendant is made in a language other than English Language and it is interpreted into English by an interpreter to the recorder, the interpreter must be called to give evidence otherwise the contents of the statement will be hearsay and the confessional statement will be inadmissible. It is hearsay evidence because it cannot be subjected to the crucible of cross-examination in the absence of the interpreter, PW1 did not lay any foundation as to the whereabout of the interpreter before he tendered exhibit P2; as for exhibit P7, it is clear from the documentary exhibit that the statement is fundamentally and fatally flawed as no named interpreter was afforded the appellant before his statement was recorded by ASP B. I who was not even called to give evidence. Indeed, it was incumbent on the respondent to tender in evidence two confessional statements in exhibits P2 and P7; one in Yoruba Language and the other, its English translation. See Federal Republic of Nigeria v. Usman & Anor (2012) 8 NWLR(Pt. 1301) 141 @ 159 – 161; Ifaramoye v. State (2017) LPELR -42031 (SC), (2017) 8 NWLR (Pt. 1568) 457; R v. Zakwakwa (1960)FSC 12; Nwali v. State (1991) 3 NWLR (Pt. 182) 663; Damina v.State (1995) 8 NWLR (Pt. 415) 546; Adeyemi v. State (2013) 3 NWLR (Pt. 1340) 78 at 88 – 89; Imoh v. State (2019) LPELR -47011 (CA). The lower court unfortunately failed to avert itself to the settled position of the law with regard to confessional statements obtained by the police from a defendant who does not speak the Language of the court. Exhibits P2 and P7 are therein wholly inadmissible in law and are accordingly expunged from the records.’

Was this dictum helpful?

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)

Was this dictum helpful?

INGREDIENTS BEFORE INDUCEMENT/PROMISE/THREAT WILL NULLIFY A CONFESSIONAL STATEMENT

Ngorka v. A.-G., Imo State (2026) 13 NWLR (Pt. 2056) 1 at 36—37, H—C: ‘In the first instance, the law is that a confession is irrelevant in a criminal proceeding if the making of the confession was caused by inducement, threat promise or torture, having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds which would appear to him reasonable for supposing that by making it, he would gain any advantage or avoid any evil of a temporal nature. In other words, for an inducement, threat or promise to make a confessional statement irrelevant and therefore inadmissible, three conditions must be present it must have reference to the charge against the (i) defendant; (ii) it must proceed from a person in authority (iii) and the defendant should believe that by making the statement, he would gain advantage and avoid evil even if temporarily – Dondos v. State (2021) 9 NWLR (Pt.1780) 24. The act of showing to the appellant the confessional statement of the second accused person, containing assertions implicating him in the robbery, and on the basis of which the appellant chose to ‘open up’ and confess his role in the robbery, did not come within the above definition and/or meet the requirements of what amounts to inducement. The second respondent who made the confessional statement shown to the appellant was not a person in authority over the appellant and there was nothing to suggest that the appellant believed that by ‘opening up’ and making his confessional statement he stood to gain any gain advantage and avoid evil, even if temporarily. The showing of the confessional of the second respondent to the appellant could thus not nullify the confession of the appellant.’

Was this dictum helpful?

INTERPRETER OF AN ACCUSED STATEMENT MUST BE CALLED

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.

Was this dictum helpful?

No more related dictum to show.