"It is important, I highlight the position of the Law on confessions, voluntary and involuntary, retracted confessions.

By virtue a section 27 (1) and (2) of the Evidence Act a confessional statement is a statement by an accused person charged with an offence stating that he committed the offence.

A confession cannot be used against an accused, unless the Court is satisfied that it is voluntary.

Where a confessional statement is made voluntary by the accused person, such an accused usually enters a guilty plea and a conviction based entirely upon evidence of confession of the accused person would not be upset on appeal. See R v. Sykes 1913 CAR P. 113 R V. Omokaro 1941 7 WACA P.146 Achabua v. State 1976 NSCC P.74 Yusufu V. State 1976 6SC P. 167.

A confessional Statement must be direct, positive true and unequivocal of facts that satisfy the ingredients of the offence the accused person confesses to have committed. It is only then, can it be said that the confession is voluntary.

Where the accused person contends that he did not make the statement voluntarily, that is to say the statement emanated from some threat, fear of the unexpected proceeding from a person in authority, usually a police officer, justice demands and the Court would direct that a trial within trial is held. The purpose is to test the truth of what the accused person is saying.

A confession found by the Court to have been obtained by threat, inducement, etc, is no longer a voluntary confession and the Court would not rely on it. It would be rejected.

On the other hand, if after a trial within trial, it is found that the confession was made voluntarily, it would be admitted in evidence and considered with other evidence led in the trial. See Ikpesa v. State 1981 9SC p. 17.

"Per RHODES-VIVOUR, J.S.C. in CHUKWUKA OGUDO v. THE STATE
CITATION: (2011) LPELR-SC.341/2010