CONFESSION IN CRIMINAL CASES

• Date: 24 January 2019

(1) "It is a confession "an admission made by the appellant suggesting or stating the inference that he committed the crime", see section 27(1) of the Evidence Act, 2004, section 28 of the Evidence Act, 2011; Ogudo v. State (2011) 18 N.W.L.R. (Pt. 1278) 1. It is one of the three ways of proving crimes cognizable in law in addition to eye witness and circumstantial evidence, see Abirifon v. State (2013) 13 N.W.L.R. (Pt. 1372) 619; Maigari v. State (supra); Igri v. State (supra); State v. Isah (supra). Indubitably, in adjectival law, confession is the strongest evidence of guilt of an accused person charged with an offence in that it comes out from the horse’s mouth, see Akpa v. State (supra); Usman v. State (supra). By confession, an accused surrenders himself to the law and becomes his own accuser, see Adeleke v. State (2013) 16 N.W.L.R. (Pt. 1381) 556. The exhibit A makes appellant the undoubted owner of the mens rea and actus reus vis-à-vis the foul crime of culpable homicide punishable with death preferred against him. The reason is obvious. The need to conduct an inquiry into his mens rea or actus reus over the offence fizzled out with the presence of exhibit A - an undiluted admission of the commission of the crime." - Per Ogbuinya, J.C.A., in Achuku v. State Suit No. CA/J/86C/2008; (2015) 6 N.W.L.R. (Pt. 1456) 425 at 460.

(2) "Confession" has been defined as a voluntary statement made by a person charged with the commission of a crime or misdemeanor, communicated to another person, wherein he acknowledges himself to be guilty of the offence charged, and discloses the circumstances of the act or the share and participation which he had in it. It is a voluntary statement made by one who is defendant in a criminal trial at time when he is not testifying in trial and by which he acknowledges certain conduct of his own constituting crime for which he is on trial; a statement which, if true discloses his guilt of that crime and excludes possibility of reasonable inference to the contrary. Refer to Black’s Law Dictionary, 5th Edition, page 269 Vol. (1). It has been held in Onochie & 7 Ors. v. The Republic (1966) 1 S.C.N.L.R. 204, (1966) N.M.L.R. 307." - Per Mika’Ilu, J.C.A., in Chiokwe v. State Suit No. CA/E/119/2003; (2005) 5 N.W.L.R. (Pt. 918) 424 at 442.

(3) "On the confession of an accused person, this Court had held that the: "Evidential value of a confession of truth is very great indeed. It is very much sought after by the police investigators and prosecutors. It lightens the burden of prosecution by dispensing with the need to call a host of witnesses. A confession can support a conviction if proved to be made and true. See; Rep.v. Chartwood (1980) 1 W.L.R. 874; James Obi Achabua v. The State (1976) 12 S.C. 63 at 68; Jimoh Yesufu v. The State (1976) 6 S.C. 167." See; Inusa Saidu v. The State (1982) 4 S.C. 41 at 58-59. In Ogoala v. The State (1991) 2 N.W.L.R. (Pt. 175) 509 this Court per Olatawura, J.S.C. (of blessed memory) stated that "a confessional statement made by an accused and properly admitted in law is the best guide to the truth of the part taken by an accused." - Per Ariwoola, J.S.C., in Adebayo v. State Suit No. S.C. 343/2007; (2014) 12 N.W.L.R. (Pt. 1422) 613 at 645 - 646.

(4) "A confession is said to be a voluntary statement made by a person charged with the commission of a crime or misdemeanour, communicated to another person, wherein he acknowledges himself to be guilty of the offence charged, and discloses the circumstances of the act or the share and participation which he had in it". Therefore, a voluntary confession is one made spontaneously by a person accused of crime, free from the influence of any extraneous disturbing cause, and in particular, was not influenced or extorted by violence, threats, or promises. It is the product of an essentially free and unconstrained choice by its maker, and is made with full knowledge of nature and consequences of the confession. It is clear from the above definition that ‘voluntary’ is the adjective qualifying ‘confession’." - Per Orji- Abadua, J.C.A., in Isah v. State Suit No. CA/K/122/C/08; (2010) 16 N.W.L.R. (Pt. 1218) 132 at 157-158.

(5) "Section 27(1) of the Evidence Act Cap 112 Laws of the Federation of Nigeria 1990 defines a confession thus: "S27(1): A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed that crime." Sub-section provides: "Confessions, if voluntary, are deemed to be relevant facts as against the persons who make them only." - Per Ngwuta, J.S.C., in State v. Salawu Suit No. S.C. 11/2011; (2011) 18 N.W.L.R. (Pt. 1279) 580 at 604.

(6) "Confession is defined in section 27 (1) of the Evidence Act as an admission made at anytime by a person charged with a crime stating or suggesting the inference that he committed the crime. Section 27 (2) provides that a confessional statement is relevant to proceedings if it is voluntariness made. Such confession must be by the trial Court. see: Yesufu v. The State (1976) 6 S.C. 167 Okegbu v. The State (1984) 8 S.C. 65. The confessional statements of the respondents were retracted by them during their trial. The offence charged is a serious one. The Court, as a matter of practice, normally require some evidence, however slight in addition to a confessional statement which makes it probable that same reflects the truth. A confessional statement should be adequately tested to ascertain its veracity. See: Ubierho v. The State (2005) 5 N.W.L.R. (Pt. 919) 644 Ohuka v. The State (1988) 7 S.C. (1988) 1 N.W.L.R. (Pt. 72) 539." - Per Fabiyi, J.S.C., in State v. Isah. Suit No. S.C. 295/ 2010; (2012) 16 N.W.L.R. (Pt. 1327) 613 at 628.

(7) "The procedural law of the Evidence Act, in particular, Section 27 (2) recognizes the relevance of confessional statements in criminal proceedings if made voluntarily." - Per Ariwoola, J.S.C., in State v. Isah. Suit No. S.C. 295/2010; (2012) 16 N.W.L.R. (Pt. 1327) 613 at 632.

(8) "Confession under Section 27 (1) of the Evidence Act (supra) is an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed the crime. To sustain conviction, the confession must be free, voluntary, direct and positive, whether or extra judicial, provided the Court believes it is the truth." - Per Ariwoola, J.S.C., in State v. Isah. Suit No. S.C. 295/2010; (2012) 16 N.W.L.R. (Pt. 1327) 613 at 632.

(9) "A confession is defined under section 27 of the Evidence Act, Cap. 112, Volume VIII, Laws of the Federation of Nigeria, 1990 as follows: "27(1) A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed that crime." - Per Omoleye, J.C.A., in Tanko v. State Suit No. CA/A/179C/M/06; (2008) 16 N.W.L.R. (Pt. 1114) 597 at 626.

(10) "A confession is an admission made at any time by any person charged with a crime stating or suggesting the inference that he committed the crime, and like any other evidence, it is the duty of the trial Court to consider the circumstances under which it was made and decide what weight to attach to the confession - See Nwachukwu v. State (2002) 12 N.W.L.R. (Pt. 782) 543 SC." - Per Augie, J.C.A., in Dele v. State Suit No. CA/B/55C/08; (2011) 1 N.W.L.R. (Pt. 1229) 508 at 542.

(11) "By virtue of section 27 (1) and (2) of the Evidence Act, a confessional statement is a statement by an accused person charged with an offence stating that he committed the offence. The position of the law is that a free and voluntary confession which is direct and positive and properly proved is sufficient to sustain a conviction without any corroborative evidence so long as the Court is satisfied with the truth. 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. Queen v. Itule (1961) 2 S.C.N.L.R. Pg. 183. Solola v. State (2005) 11 N.W.L.R. (pt. 937) Pg. 460. Nwaeze v. State (1996) 2 N.W.L.R. (pt. 428) Pg. 1. Akinmoju v. State (2000) 4 S.C. (Pt. 1) Pg. 64, (2000) 6 N.W.L.R. (Pt. 662) 608." - Per Adekeye, J.S.C., in Adekoya v. State Suit No. S.C. 43/2011; (2012) 9 N.W.L.R. (Pt. 1306) 539 at 567.

(12) "By virtue of section 27(1) of the Evidence Act, a confession is an admission made at any time by a person charged with a crime stating or suggesting by inference that he committed a crime. A confession cannot be used against an accused unless the Court is satisfied that it is voluntary. 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...