CONFESSIONAL STATEMENT- FACTORS TO CONSIDER IN DETERMINING THE WEIGHT TO BE ATTACHED TO A CONFESSIONAL STATEMENT
Topic starter August 26, 2019 9:09 am
"As the Court of Appeal pointed out, in determining the weight to attach to a confessional statement, retracted or not, the Court must ask itself the following questions:
- Is there is anything outside the confession, which shows that it may be true?
- Is it corroborated in anyway?
- Are the relevant statements of fact made in it most likely true as far as they can be tested?
- Did the Accused have an opportunity to commit the offence?
- Is the confession possible?
- Is the confession consistent with other facts, which have been ascertained and established?
In other words, it is desirable to find independent evidence; that is, to have some evidence outside the confession, however slight, of circumstances, which make it probable that the confession made by the Accused was true - see Queen V. Itule (1961) 2SCNLR183. Edhigere V. State (1996) 8NWLR (PL 464) 1at 13-14."
PER A. A. AUGIE, J.S.C. IN FRIDAY UZIM V THE STATE
Appeal No: SC. 877/2015
LEGALPEDIA ELECTRONIC CITATION: LERSC. 877/2015