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RETRACTED CONFESSIONAL STATEMENT MUST MEET FOLLOWING TESTS

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Dictum

My Lords, the confessional statement of the Appellant was retracted by him in the course of the trial and the position of the law as reiterated by this Court in several cases is that the statement must meet the probability test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)

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WHERE DEATH SENTENCE IS THE PUNISHMENT, CONFESSIONAL STATEMENTS SHOULD APPLY WITH THE LEGAL PROCEDURE

The learned trial judge having admitted that the prosecution still bears the burden to call evidence to prove beyond reasonable doubt that the defendant made a voluntary confession in a trial within trial, went ahead to shift the burden of proof to the Appellant (Defendant at the trial Court). Evidence of a video recording or the presence of a legal practitioner would have been conclusive proof that the confessional statement was obtained voluntarily. It makes it imperative in the circumstances, particularly in cases of armed robbery where a death sentence is the sanction on conviction, that confessional statements should be taken according to the provisions of the law. Even where the prosecution has ignored the provision of the law as sacrosanct as this, the trial judge should have brought it up suo motu. The judge cannot pick and choose which extant law to enforce.

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

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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)

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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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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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RETRACTION OF CONFESSIONAL STATEMENT DOES NOT RENDER IT INADMISSIBLE

It is trite that the mere retraction of a confessional statement by the Defendant will not render it inadmissible. It will only affect the weight to be attached to it where the Defendant denies making it at the earliest opportunity.

– Ogunwumiju JSC. Junaidu v. State (2021)

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HAVING CONFESSIONAL STATEMENT ENDORSED BY SUPERIOR OFFICERS IS COMMENDABLE

I must however emphasise the commendable practice of having confessional statements being endorsed by a superior police officer on having been satisfied on its voluntariness. These procedural safeguards are the most effective means to enable a trial court discover the truth of the matter as to the voluntariness or otherwise of an accused’s confession.

– Chukwuma-Eneh JSC. Ibeme v. State (2013)

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