Confessionn

In the law of criminal evidence a confession is a
statement by a suspect in crime which is adverse to that person. According to blacks laW dictionary, a confession is a statement admitting or acknowledging all facts necessary for conviction of a crime. It is of noteworthy that confession was first developed in the Roman Catholic Church under the Sacrament of Penance, where the confession of a sin is considered to be enough to absolve oneself. This aspect concerning moral guilt has been carried on in various legislative codes, in which a criminal is considered worse if he does not confess to his crimes.
Under section 27 (1) of the Nigeria Evidence Act 2011, confession is defined thus:
A Confession is an admission made at anytime by a person charged with a crime, stating or suggesting the inference that he committed that crime.
27 (2) Confessions, if voluntary and deemed to be relevant facts as against the person who made them only. Section 29 (1) provides that, “in any proceedings, a confession made by a defendant maybe given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.”
Secton 29 (2) provides that: In any proceedings where the prosecution proposes to give in evidence, a confession made by a defendant. It is presented to the court that the confession was or may have been obtained.
a.    By oppression of the person who made it or
b.    In consequences of anything said or done which was likely in the circumstance existing at the time, to render unreliable any confession which might be made by him in such consequences. The court shall not allow the confession to be given in evidence against him except as in so far the prosecution proves to the court beyond reasonable doubt that the confession (notwithstanding that it may be true) was not obtained in a  manner contrary to the provisions of this section.
Section 29 (5) states that “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence whether or not amounting to torture.” “Once a confessional statement satisfies the conditions laid down in Section 28 and 29 of the Evidence Act 2011, it is admissible in evidence and the court can legally rely on the said confession to convict the accused of the offence (s) charged, though it is desirable not mandatory that the  statement constituting the confession, should be corroborated by evidence outside the confessional statement.  Per Onnoghen J.S.C. (Lasis V. State (2013) LPELR – 20183 (Sc)).
In Lasisi V State (Supra) the court enumerated the test to be adopted in determining the truthfulness of a confessional statement:
i)    Whether there is/are circumstances that make (s) it probable that the confession is true and correct.
ii)    Whether the accused person had the opportunity of committing the offence charged.
iii)    Whether the confession is consistent with other facts proved at the trial.
iv)    Whether there are some other corroborative evidence, no matter how slight. Per Muntaka- Coomassie J.S.C (Pp45-46, Paras G-B).
Note that “Once a confessional statement is admitted following a trail within trial proceedings, it becomes very difficult for an appellate court to intervene on an appeal against its admissibility as the evaluation of the evidence adduced at the said trial is based on the credibility of witnesses, which duty is solely that of the trial court as the appellate court is not priviledged to have seen the witnesses testify nor watch their demeanor,” per Onnoghen J.S.C.

Nkechi Bright Ewere