My Lords, the position of the law as it stands today is that the signed retracted confessional statement Exh. 7A taken in vernacular is admissible in evidence. What matters is the probative value to be attached to it.
– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016
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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
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)
In other words, the retracted confession must pass the six credibility tests forming part of our criminal jurisprudence which have been established in a long fine of cases referred to above. These are: i. Is there anything outside the confession to show that it is true? ii. Is it corroborated? iii. Are the relevant statements made in it of facts true as far as they can be tested? iv. Was the accused one who had the opportunity of committing murder? v. Is his confession possible? vi. Is it consistent with other facts which have been ascertained and have been proved?
– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016
I must emphasise that the function of a court in trial within trial is narrowed down to determining solely the question of voluntariness of the statement in issue and not on whether or not the statement is that of the accused person or improperly recorded. It boils down to the proposition that there is no way an accused person who has not acknowledged his alleged confessional statement sought to be tendered by the prosecution in a trial within trial can come round to object to its voluntariness. The absence of his locus to otherwise so contend is indisputable.
– Chukwuma-Eneh JSC. Ibeme v. State (2013)
Where a confessional statement is direct, positive and admits all or some of the elements of the offence charged, and the Court is satisfied that it was voluntarily made, the Court can rely on it to ground a conviction even though retracted at the trial. See: Igbinovia Vs The State (1981) LPELR — 1446 (SC) @ 17 B-D; (1981) 2 SC 5; Yesufu Vs The State (1976) 6 SC 163; Adebayo Vs The State (2014) LPELR — 22988 (SC) @ 55-56 F-A.
— K.M.O. Kekere-Ekun, JSC. State v Abdu Musa (2019) – SC.625/2016
The law is trite that an accused person can be convicted solely on his confession if the confession is positive and direct in the admission of the offence charged. In other words, voluntary confession of guilt whether judicial or extra judicial, if it is direct and positive is sufficient proof of the guilt and is enough to sustain a conviction, so long as the Court is satisfied with the truth of such a confession.
– Abdu Aboki, JSC. Chukwu v. State (2021)
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