Title: Admissibility Of Extra-Judicial Statement In The Courts In Nigeria: Matters Arisings.
Authors: Kachidobelu John Bielu, BL, LLM, PhD,
Volume: 9
Issue: 4
Pages: 126-132
Publication Date: 2025/04/28
Abstract:
It is trite law that guilt of an accused person may be proved by confession, circumstantial or direct evidence. Today it is almost becoming a norm that the prosecution must secure conviction on any criminal charge and the easiest and less stressful approach is by tendering an extra-judicial statement which tends to fix the defendant with the crime or at the arena of crime. It is not all persons who confess to committing a crime that may necessarily be guilty, everything being equal presently. The law in order to protect an innocent person from being branded accused person has mandatorily set standards to ensure that the admission was given freely and voluntarily. These safeguards are in place yet there are serious breaches being committed day in and day out in our society by the same persons who are meant to safeguard same. Doctrinal methodology of research was adopted, using analytical and narrative approach in reviewing the Constitution, Evidence Act, other statutes, case laws, legal opinions of experts in text books and articles relevant to the subject matter. The research highlights the usefulness of trial within trial in ascertaining the voluntariness or otherwise during criminal proceedings previously which is no longer tenable in law. It recommends strict observance of the conditions precedent for admissibility of confessional statement in courts. A further amendment of the Evidence Act to remedy the challenges and breaches of the law creeping in that after torturing and preparing statement, the police will present the suspect writing the same statement in a video coverage to be tendered during criminal trials.