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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-7 | Issue-04 | 145-156
Original Research Article
An Appraisal of the Admissibility of Confessional Statement in a Trial Court in Nigeria
Emokpae, Lugard Amadin, Abdulsalami, Lucky Tijani
Published : April 9, 2024
DOI : DOI: 10.36348/sijlcj.2024.v07i04.003
Abstract
Confessional statements are important ingredience in criminal justice in Nigeria. A confession is an acknowledgment made by a person charged with a crime at any moment, admitting or implying that he committed that crime. Confessions are covered by sections 27 to 32 of the Evidence Act 1990 in Nigeria as well as section 28 to 31 of the Evidence Act of 2011. The specific goals are a critically examination of the circumstances under which confessional statements are admissible, to determine the effect of retracted confessional statements in criminal trials in Nigeria, as well as the circumstances under which confessional statements may be vitiated and to apply the findings in decided cases. To attain these goals, normative or doctrinal research is considered appreciate. This study found that where an inducement, threat, or promise was issued, any subsequent confessional statement obtained would be inadmissible. This study also reveal that a confession does not become inadmissible simply because the accused denies having made it; rather, the court must satisfy itself that the accused made the statement of his own free will and choice and without duress.
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