Investigating Police Officer (IPO): Oga, you remember that case of stealing
of two goats wey I been dey brief you some time ago? During investigation the
suspect freely volunteered his statement and confessed to stealing the two
goats. Yesterday the police prosecutor
was telling me that, that magistrate discharged and acquitted him o. Haba Oga!
That magistrate no dey help our work o. Even with a confessional statement him
discharge and acquit that boy fa!
Divisional Police Officer (DPO): ahnn ahhn! I remember the case
very well. Is it not that case of stealing of two goats and which one of the
goats was pregnant? Let the prosecutor come and brief me later. Let me hear from
him exactly why the accused person was discharged and acquitted.
Flowing from the above short
conversation between the IPO and the DPO it can be seen that many IPOs and I
dare say, even some lawyers/prosecutors, often think that once there is a
confessional statement from a suspect and the suspect is eventually arraigned
in court for the offence which he has allegedly confessed to, conviction is
automatic or guaranteed. However, such thinking is not in tune with the law regarding
confessional statements under Nigerian law.
A court is expected to test the
trustfulness and veracity a confessional statement by examining the said
statement in the light of other credible available evidence. The court will do
this by looking into whether:
(a) there is anything outside the
confessional statement to show that it is true;
(b) the confessional statement is
corroborated;
(c)the facts stated in the
confessional statement are true as far as can be tested;
(d)the accused person had
opportunity of committing the offence;
(e) an accused person's
confession is possible; and
(f) the confession is consistent
with other facts as contained and proved at the trial court.
If the answers to the questions
posed above are in the negative then such a confessional statement may be of no
evidential value to the court in arriving at a decision and the accused person
may be discharged and acquitted despite the confessional statement.
The above represents the position
of the law as held in AKPAN v. STATE (2001)15 NWLR (pt. 737) 745 and a multitude
of other cases
Furthermore, the prosecution must
also prove that the confessional statement was voluntarily obtained if its
voluntariness is objected to by the accused person.
