LEGAL PRINCIPLE: EVIDENCE LAW – Confession – Admission Made Before Charge – Whether Admissible
PRINCIPLE STATEMENT
It has been held that an admission made at any time by a person charged with an offence (even before it was decided formally charge him with committing a crime and although with no caution having been administered) suggesting that he committed the offence is a relevant fact against him, the maker, and if made voluntarily is admissible in evidence.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Akinmoju v. State (2000) NLC-11999(SC) at p. 3; Paras A–B.
"It has been held that an admission made at any time by a person charged with an offence (even before it was decided formally charge him with committing a crime and although with no caution having been administered) suggesting that he committed the offence is a relevant fact against him, the maker, and if made voluntarily is admissible in evidence."
EXPLANATION / SCOPE
Admissions made before formal charge or caution are admissible if voluntary. The absence of a caution does not automatically render a confession inadmissible—voluntariness is key. Pre-charge admissions are relevant facts against the maker. The court must still determine voluntariness by examining circumstances: threats, promises, or oppression. No mechanical rule excludes pre-caution statements. This allows courts to receive valuable evidence while protecting against involuntary confessions. The test remains whether the statement was free and voluntary, not whether formalities preceded it.