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WEIGHT/CONSIDERATIONS TO BE ATTACHED TO A CONFESSIONAL STATEMENT

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The fact that an accused person denies making a confessional statement to the police, does not render such extra-judicial statement inadmissible merely because the accused person denies having made it. What the Court is expected to do to determine the weight to be attached to a retracted confessional statement is to test its truthfulness and veracity by examining the said statement in the light of other credible available evidence. The Court would consider whether: a. There is anything outside that Confessional statement to show that it is true; b. It is Corroborated; c. The facts stated in it are true as far as it can be tested; d. The accused person had the opportunity of committing the offence; e. The accused person’s confession is possible; f. The confession is consistent with the other facts ascertained and proved at the trial. See Per OKORO, JSC, in ALAO V. STATE (2019) LPELR-47856(SC) (PP. 23-24 PARAS. E).

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

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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.’

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A TRIAL WITHIN TRIAL IS CONDUCTED WHERE A CONFESSIONAL STATEMENT IS CHALLENGED ON VOLUNTARINESS

The law is trite that in circumstance where the prosecution seeks to tender the confessional statement of an accused person and it is objected to and challenged on the ground that it was not made voluntarily, a trial within trial is conducted for the sole purpose of finding out if the statement was made voluntarily or whether the confessional statement was extracted from the accused by force or threat of punishment or by any form of inducement. If at the end of the trial within trial the trial Judge is satisfied that the confessional statement was not voluntary, such a statement is not admissible in evidence. If on the other hand the statement is adjudged voluntarily made, it is admitted in evidence. In both cases the trial Judge should rule on it accordingly and that brings the trial within trial to an end and the main trial continues. SeeIbeme v The State (2013) 10 NWLR (pt 1362) 333, Solola & Anor v State (2005) 11 NWLR (pt 937) 460, Federal Republic of Nigeria v Iweka (2013) 3 NWLR (pt 1341) 285.

— 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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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)

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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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TRIAL-WITHIN-TRIAL APPLIES ONLY TO VOLUNTARINESS OF CONFESSION

The rule with respect to conducting a trial within a trial operates only in cases of questioning the voluntariness or otherwise of confessions. It does not operate where an accused person denies making the statement or retracts.

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

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