CONFESSIONAL STATEMENT- FACTORS TO CONSIDER IN DETERMINING THE WEIGHT TO BE ATTACHED TO A CONFESSIONAL STATEMENT  

 

Yinka Bright
Joined: 2 months ago
Posts: 114
14/08/2019 12:16 pm  

“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 the case of

FRIDAY UZIM V THE STATE LER[2019]SC. 877/2015 https://legalpediaonline.com/friday-uzim-v-the-state/

 

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This topic was modified 1 month ago by Yinka Bright

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