EFFECT OF A RETRACTED CONFESSIONAL STATEMENT

Effect of a Retracted Confessional Statement (will it, regardless, be admissible or not)

Saheed Afeez Ayinde
DEEMLAWFUL

In determining the quality of Justice attached the Confessional Statement of the accused person.
This confessional statement will earn more weight and give sound quality to the Justice to be made by the Court of Law where it was made without application Force but Voluntarily made.

However, where a Voluntary statement is being retracted by the same Accused person that had earlier made it as happened in this case. The court would not dustbin it in entirety but subject it to Some holy tests.

The tests had been invoked by the learned Superman in the case below;


ANKPEGHER V. THE STATE



per CHIMA CENTUS NWEZE, J.S.C.:

Outside the confession, it is desirable to have some corroborative evidence, no matter how slight, of circumstances which make it probable that the said confession is true and correct. The reason for this prescription is simple: Courts are not, generally, disposed to act on a confession without testing the truth thereof, The six tests which have been, admirably, formulated for the guidance of the Courts, in the execution of this exercise, are represented in the subjoined questions:

(a) Did the accused person even have the opportunity of committing the alleged offence?

(b) If, indeed, he had such opportunity, was his confession possible?

(c) Even then, is there anything outside the confessional statement which evidences its truth?

(d) Was such a confession corroborated?

(e) Can such a statement withstand the scrutiny of the assessment of its veracity?

(f) Then there is the ultimate question of its consistency or reliability having regard to the other facts which have been ascertained and which have, accordingly, been proved.

These formulations, which trace their roots to the old case of R v. Sykes (1913) 8 CAR 233, 236, have been endorsed by this Court in numerous

decisions: Queen v. Obiasa (1962) 1 ANLR 65; [1962] 2 SCNLR 402; Ikpasa v. Attorney-General of Bendel

Expositions Legal

deemlawful View All →

Educational || Motivational || Legal || Public Speaker || Professional || Activist ||

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: