WHERE THERE IS RETRACTION OF CONFESSIONAL STATEMENT, COURT SHOULD CONVICT ONLY WHEN THERE IS CORROBORATION

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)

CONFESSIONAL STATEMENT BECOMES PROOF

Be it noted that a confessional statement becomes proof of an act when it is true, positive and direct. – Onu JSC. Peter v. State (1997)

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)

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)

RETRACTED CONFESSIONAL STATEMENT MUST MEET FOLLOWING TESTS

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)