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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ACCUSED CAN BE CONVICTED ON HIS CONFESSION

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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CONFESSION ALONE CAN GROUND CONVICTION

Furthermore, it is also the law that the confessional statement of an accused person alone is sufficient to ground a conviction. A confession alone, properly proved, is enough to ground a conviction, even without corroboration. Thus, an uncorroborated confessional statement of an accused person can be acted upon, without more. Nonetheless, it is advisable to look for some evidence outside the confessional statement which makes it probable that the confession is true.

– Sankey JCA. Abdul v. State (2021)

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CONFESSIONAL STATEMENT BEING THE BEST STATEMENT FOR CONVICTION

There is no doubt that a confessional statement is the best evidence to prove a crime. It is the evidence of the perpetrator describing why and how the crime was committed. It proves both the mens rea and the actus reus. However, such admission to be solely used to convict a defendant must be voluntarily made and must be a positive and direct admission of guilt.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

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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 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)

STATEMENTS SHOULD BE RECORDED IN LANGUAGE MADE

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CONFESSIONAL STATEMENTS ARE TO BE SUBJECT TO SIX TESTS

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ACCUSED CAN BE CONVICTED ON HIS CONFESSION

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CONFESSION ALONE CAN GROUND CONVICTION

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CONFESSIONAL STATEMENT BEING THE BEST STATEMENT FOR CONVICTION

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

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CONFESSIONAL STATEMENT BECOMES PROOF

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