EVIDENCE – CONFESSIONAL STATEMENT – Whether conviction can be set aside solely because it was based entirely on a retracted confession:

Uncategorised

“Indeed, even if the appellant were to challenge or contradict the testimony of the prosecution witnesses which he failed to do, such would not avail him in the circumstances of this case as conviction cannot be questioned or set aside solely because it was based entirely on a retracted confession or which the appellant refers to as protest. This is so as the trial Court has the duty to evaluate evidence and decide what weight to attach to the confessional statement even though resiled from. I refer to Olabode V State (2007) ALL FWLR (Pt 389) 1301; Sule v State (2009) All FWLR (PT 481) 809.” Per PETER-ODILI, in BERENDE v. FRN (2021-LCER-40453-SC) (Pp 63 – 64 Paras E – A)

Add to LawKit (0)
Close