EVIDENCE – CONFESSIONAL STATEMENT – Effect of a confessional statement admitted without objection


“As has been earlier indicated, Exhibit A2, was received in evidence without objection wherein the Appellant confessed to the commission of the crime. The implication is that the Court can utilize such a confessional statement alone, in convicting an accused person, even in the absence of corroboration. However, as rightly held by the Court below, the offence was not an armed robbery, as the Appellant was consistent. in Exhibit A2 that toy guns were used in the commission of the crime. They therefore do not fall within the definition of “ARMS”, which refers to any offensive weapon made or adopted for causing injury, and includes metal, cutlass, matchete, guns, knives e.t.c In Egharevba v The State (2016) LPELR-40029 SC, this Court reiterated the above principle when it held inter alia: “Once a confessional statement is tendered and admitted without objection by the defence, it is good evidence and can be relied upon. The Court can even utilize it alone, place a conviction without corroboration even if the Appellant had retracted the making thereof.” Per ABDU ABOKI, JSC in STANLEY OSSAI v. PEOPLE OF LAGOS STATE (2022-LCER-46530-SC) (Pp 20 – 21; Paras B – A)

Add to LawKit (0)