Friday, 25 September 2020

CONFESSIONAL STATEMENT FROM A SUSPECT DOES NOT GUARANTEE CONVICTION IN COURT

 

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.

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