In further emphasis and even at the risk of repeating myself, I will restate that an accused person who rests his case on that of the prosecution has taken a gamble and a risk. He has, in other words shut out himself and will have no one but himself to blame. This is because, he does not wish to place any fact before the trial court other than those which the prosecution has presented in evidence. It also confirms that he does not wish to explain any facts, or rebut any allegation made against him. The rating of the effect is not less than admission of the evidence led by the prosecution: Mogaji v. Nigeria Army (2008) 8 NWLR (Pt. 1089) 338, (2008) 3 NCC 490 at 490 and Igabele v. State (2005) All FWLR (Pt. 285) 568, (2005) 1 NCC 59. In other words, by the appellant choosing to rest his case on the prosecution, he had denied the trial court the opportunity of assessing the credibility of the accused as a witness as compared to the prosecution for purpose of evaluation and determining which side to believe. The appellant should not therefore be given the privilege of being heard on that which he freely chose to do. The appellant in short had shut himself out and should therefore not be heard to complain. In the absence of any evidence from the appellant therefore, reliance was properly sustained on his confessional statement which was admitted in evidence. The accused’s statement, being confessional by nature is accorded the same effect as a witness’s evidence which is credible. The accused as it were can be properly convicted solely on his own confessional statement without more. The further authorities are the cases of Egboghonome v. The State (1993) 7 NWLR (Pt. 306) 383, (1993) 9 SCNJ (Pt 1) 1 at 29; Ekpe v. The State (1994) 9 NWLR (Pt. 368) 263, (1994) 12 SCNJ 131 at 137 and Akpan v. The State (2001) FWLR (Pt. 56) 735, (2000) 7 SC (Pt. 11) 29 at 40 which are all A relevant in point.
— Ogunbiyi JSC. Ajibade v. State (SC. 439/2011, 14 Dec 2012)