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CONFESSIONAL STATEMENT: VOLUNTARINESS VS DISOWNING

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Where it is alleged that a confessional statement was obtained under duress or as a result of threat or inducement, the Courts have developed the practice of conducting a trial within trial 18 (TWT) or mini trial to ascertain the voluntariness of the statement. The onus is on the prosecution to prove that it was freely and voluntarily made … On the other hand, where the accused outrightly disowns the confession and asserts that he did not make the statement at all, it would be admitted in evidence and considered alongside other evidence led at the trial to determine its probative value.

– Kekere-Ekun JSC. Berende v. FRN (2021)

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CONFESSIONAL STATEMENTS ARE TO BE SUBJECT TO SIX TESTS

However, in multiplicity of judicial authorities of this Court, it has been decided that before relying solely on confessional statement to convict an accused or in the process of evaluation of same, trial Courts are desired to subject the confessional statement to the following six tests; namely (a) Is there anything outside the confession to show that it is true? (b) Is it corroborated (c) Are the relevant statements made on it in fact true as they can be tested? (d) Was the accused one who had the opportunity of committing the offence? (e) Is the confession possible; and (f) Is it consistent with the other facts which have been ascertained and have been proved? Once a confessional statement is subjected to these six tests, this Court has held that same can be safely relied upon to ground a conviction. See Musa V State (2013) 2-3 SC (pt.II) 75 at 94; Nwachukwu vs The State (2007)7 SCM (pt.2) 447 at 455; Ikpo v State (1995)9 NWLR (pt.421)540 at 554.

— A. Sanusi, JSC. Bassey v State (2019) – SC.900/2016

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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)

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FACTORS THE COURT WILL CONSIDER BEFORE RELYING ON A RETRACTED STATEMENT

Before relying on a retracted confessional statement to convict an accused person, the factors the Court would consider are as follows: 1. Whether there is anything outside the confession which shows that it may be true; 2. Whether the confessional statement is in fact corroborated; 3. Whether the relevant statements of fact made in it are most likely true as far as they can be tested; 4. Whether the accused had the opportunity of committing the offence; 5. Whether the confession is possible; and 6. Whether the alleged confession is consistent with other facts that have been ascertained and established. See: R Vs Sykes (1913) 8 Cr.App. Report 233; Ubierho Vs The State (2005) 5 NWLR (Pt. 919) 644 @ 655; Nwachukwu Vs The State (supra); Fabiyi Vs The State (2015) LPELR -24834 (SC) @ 33-34 E-D.

— K.M.O. Kekere-Ekun, JSC. State v Abdu Musa (2019) – SC.625/2016

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WEIGHT/CONSIDERATIONS TO BE ATTACHED TO A CONFESSIONAL STATEMENT

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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CONFESSIONAL STATEMENT IS THE BEST POINTER TO THE TRUTH

It is trite law that a confessional statement made by an accused person, which is properly admitted in evidence is, in law, the best pointer to the truth of the role played by such accused person in the commission of the offence … There is however a duty on the Court to test the truth of a confession by examining it in the light of the other credible evidence before the Court.

– Adamu Jauro, JSC. Enabeli v. State (2021)

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SIX TESTS CONFESSIONAL STATEMENT MUST PASS IF RETRACTED

Where a confessional statement is retracted as in this case, the Court then shall decide the weight it would attach to the confessional statement. The best way to go about it is by subjecting the confession to the underlisted six tests, namely: (a) Is there anything outside the confession to show that it is true? (b) Is the confessional statement corroborated (c) Are the statements made in it of facts and so far as we can test them, true? (d) Is the accused person a person who had the opportunity of committing the offence (e) Is his confession possible? (f) Is it consistent with other facts which have been ascertained and which have been proved at the trial See Kareem v FRN (2003) 16 WRN 114; Kolawole v State (2015) EJSC (Vol.3) 41; Dibie v State (2007) 1 ALL FWLR (pt.363) 83; Ejinima v State (1991) 5 LRCN 1640; Bature v State (1994)1 NWLR (pt.320) 267.

— Amiru Sanusi, JSC. Ogunleye Tobi v The State (2019) – SC.714/2017

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