CONFESSIONAL STATEMENT – NATURE OF CONFESSIONAL STATEMENT SUFFICIENT TO GROUND A CONVICTION  

 

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14/10/2019 10:46 am  
"A confessional statement is a first hand account of the incident given by an accused person, no evidence can be better than that.  On the other hand the court can convict on the confessional statement of an accused person alone once it is believed to be true, in this case it was also corroborated by the evidence of eye witnesses and investigators.  The utilization of the confessional statement cannot be faulted. See, Kamila Vs.  The State (2018) LPELR – 43603 (SC) P. 14, Paragraphs A-E where his lordship Sanusi, JSC held thus:

"A confessional statement can simply be defined as an admission by a person charged (or an accused person accused) of committing a crime at anywhere or anytime stating or suggesting the inference that he committed such crime.  See Section 28 of the Evidence Act, 2011 as amended.  It is well settled law that free and voluntary confession of guilt alone by an accused person, provided it is direct and positive and was duly made voluntary, is sufficient to ground a conviction, since a confession always remains the best proof of what he had done.  See Alabi Vs. State (1993) 7 NWLR (PT 307) 5; Fabiyi Vs. State (2015) 6-7 SC (PT 1) 83.  Osetola & Anor Vs. State (2012) 6 SC NJ 321; Nwachukwu Vs. The State (2002) 7 SC NJ 230; Dogo Vs. The State (2013) 2-3 SC (PT 11) 75 at 92-94."


See, also Hassan Vs. State (2001) LPELR – 1358 (SC) P.16, Paragraphs C-F, Altine Vs. State (2018) LPELR – 45965 (CA) PP. 17-19, Paragraphs D-E, Isah Vs. State (2017) LPELR – 43472 (SC) PP.10-11, Paragraphs F-A and Fulani Vs. State (2018) LPELR – 45195 (SC) P. 15 Paragraphs B-F". -
 
PER C. N. UWA, J.C.A IN NASIRU AUWALU A.K.A DAN MAKO aka  BARACK OBAMA VS FEDERAL REPUBLIC OF NIGERIA

CA/YL/190C/17

LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/YL/190C/17


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