LEGAL PRINCIPLE: EVIDENCE LAW – Confessional Statement – Retracted Confession – Conviction Solely on Confession
PRINCIPLE STATEMENT
It is well settled that an accused can be convicted on his confession statement which is consistent with other ascertained facts which had been proved. A confession statement does not become inadmissible merely because the accused subsequently denies making it, and the fact that the accused took the earliest opportunity to deny having made it may lend weight to his denial, but it is not sufficient reason for ignoring the statement.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Olalekan v. State (2001) NLC-2041999(SC) at p. 24; Paras D–F.
"It is well settled that an accused can be convicted on his confession statement which is consistent with other ascertained facts which had been proved. A confession statement does not become inadmissible merely because the accused subsequently denies making it, and the fact that the accused took the earliest opportunity to deny having made it may lend weight to his denial, but it is not sufficient reason for ignoring the statement."
EXPLANATION / SCOPE
A retracted confession can alone sustain a conviction if consistent with other proved facts. Retraction does not render the confession inadmissible—it affects weight, not admissibility. The accused’s earliest denial may support their case but does not automatically invalidate the confession. The court must test the confession against established facts (corroboration) and determine its truth. If satisfied of its voluntariness and truth, conviction may follow even without independent corroboration. The confession must be direct, positive, and properly proved. The judge must apply the standard tests for retracted confessions.