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!

CO-ACCUSED INCRIMINATING CONFESSIONAL STATEMENT

Reach more audience. Place advert here.

On the issue of his Co-Accused’s Statement, the Appellant is right that his statement cannot be used against him. The position of the law is that the Statement of a Co-Accused Person to the Police is binding on him only see Suberu v. State (2010) 8 NWLR (Pt. 1197) 586. However, where the evidence incriminating an Accused Person comes from a Co-Accused Person, the Court is at liberty to rely on it as long as the co-accused person who gave such incriminating evidence, was tried along with that Accused Person. see Dairo v The State (2017) LPELR-43724(SC) and Micheal V. State (2008) 13 NWLR (Pt. 1104) 383.

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

Was this dictum helpful?

SHARE ON

confessional statement

RETRACTION OF CONFESSIONAL STATEMENT

Additionally, on the retraction of the contents of Exhibit A at the trial by the Appellant as DW1, the law is settled that a retraction or denial of a confessional statement does not affect its admissibility. Thus, the mere fact that a confessional statement is challenged on the ground that the accused person did not make the statement, does not render it inadmissible in evidence. In such a situation, the application of the following principles should be considered in determining whether or not to believe and act on a confession which an accused person has resiled from: a) Whether there is anything outside the confession which may vindicate its veracity; whether it is corroborated in any way; b) Whether its contents, if tested could be true; c) Whether the defendant had the opportunity of committing the alleged offence; or d) Whether the confession is possible and the consistency of the said confession with other facts that have been established.

– Sankey JCA. Abdul v. State (2021)

Was this dictum helpful?

CONVICTION CAN BE FOUNDED ON RETRACTED CONFESSIONAL STATEMENT

The law is trite that a conviction can be found on a retracted confessional statement of an accused person once it is voluntary, positive and true. Where an accused person objects to the tendering of his confessional statement on the ground that he did not make it, the confession will be admitted and the question as to whether he made it or not will be decided at the end of the trial, since the issue of its voluntariness does not arise for consideration. See: Dibia v. State (2017) LPELR 48453 SC.

— Abdu Aboki, JSC. Abdulrahim Usman v. The State (SC.61C/2019, Friday May 06, 2022)

Was this dictum helpful?

CONFESSIONAL STATEMENT TENDERED WITHOUT OBJECTION IS VALID

The law is well settled that when a confessional statement is tendered without objection by an accused or his counsel, they cannot cry foul on appeal as it is deemed they were in agreement with what was tendered at the trial Court, see the cases of Shurumo v. State (2010) LPELR-3069(SC) and FRN v. Kayode-Beckley (2020) LPELR-50549(CA), neither the appellant nor his counsel objected to PW4 tendering exhibit A at the trial Court.

– EBIOWEI TOBI, J.C.A. Abdul v. State (2021)

Was this dictum helpful?

WHAT IS A CONFESSION?

A confession is defined as a statement admitting or accepting that one is guilty of a crime. Legally speaking; a confession is a statement by which an individual acknowledges his or her guilt in the commission of a crime. A person makes a confession when he is guilty of something which is criminal in nature. See Nsofor v State (2008)18 NWLR (pt.905)292; Abdullahi v State (2015) EJSC Vol.8)103. In short, a confessional statement is an acknowledgement expressly made by an accused in a criminal case, of the truth of the main fact charged or some essential part of it. See also Akpan V State (2001)11 SCM 66 or (2001)15 NWLR (pt.737)745; Nwachukwu v State (2002)12 SCM 143; Jimoh v State (2014) LPELR 22464 (SC); Onuoha v State(1987) 4 NWLR (pt.65)331; Adebayo v State (2015)EJSC (VOL.4) 60.

— A. Sanusi, JSC. State v Abdu Musa (2019) – SC.625/2016

Was this dictum helpful?

CONFESSIONAL STATEMENT CONSTITUTES EVIDENCE AGAINST THE MAKER ALONE

In a plethora of decisions, this court has held that a confessional statement constitutes evidence against the maker alone and cannot be used as evidence against a co-accused unless the co-accused adopts it by word or conduct. The rationale for this is clear – noone can confess to a crime on behalf of another. See: Ajaegbo v. The State (2018) LPELR – 44531 (SC) @ 44 – 45 C – D; (2018) 11 NWLR (Pt. 1631) 484; Kasa v. The State (1994) 5 NWLR (Pt. 344) 269 @ 288; Jimoh v. The State (2014) 10 NWLR (Pt. 1414) 105 @ 139. It is therefore an incorrect statement of the law to state that the court can rely on the extra-judicial confession of an accused against his co-accused, to ground a conviction against him so long as it incriminates him.

— Kekere-Ekun, JSC. Enobong v. The State (2022) – SC/CR/249/2020

Was this dictum helpful?

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

Where a confessional statement is denied or retracted by an accused as in the instant case. it is desirable to have corroborative evidence no matter how slight before convicting on it. The Courts are enjoined as a matter of duty to test the veracity or otherwise of such statement by comparing it with other facts and circumstances outside the statement, to see whether they support, confirm or correspond with it. In other words, the Court must scrutinize the statement to test its truthfulness or otherwise in line with other available evidence. See: KAZEEM VS STATE (2009) All FWLR (Pt.465) page 1749; EDHIGERE VS STATE (1996) 8 NWLR (Pt.464) page 1; ONOCHIE & 7 ORS. VS THE REPUBLIC (1966) 1 SCNLR 204; and QUEEN VS ITULE (1961) 2 SCNLR 183.

— S.D. Bage, JSC. State v Masiga (2017) – SC

Was this dictum helpful?

No more related dictum to show.