LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Confessional Statements – Objection to Voluntariness – When Objection Must Be Raised
PRINCIPLE STATEMENT
The question of the voluntariness of a statement is tested at the time the statement is sought to be tendered in evidence. Where statements were tendered without any objection from the defence, and none of the prosecution witnesses was cross-examined as to their involuntariness, and the issue was belatedly raised when the appellants were testifying in their own defence, the trial court is right to dismiss this aspect of the defence case as an afterthought.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Alarape & Ors v. State (2001) NLC-872000(SC) at p. 20; Paras A–C.
"The question of the voluntariness of a statement is tested at the time the statement is sought to be tendered in evidence. Where statements were tendered without any objection from the defence, and none of the prosecution witnesses was cross-examined as to their involuntariness, and the issue was belatedly raised when the appellants were testifying in their own defence, the trial court is right to dismiss this aspect of the defence case as an afterthought."
EXPLANATION / SCOPE
Objection to voluntariness of a confessional statement must be raised at the time the statement is tendered. Failure to object and failure to cross-examine prosecution witnesses on involuntariness waives the right to raise the issue later. Raising voluntariness belatedly during defence testimony is properly dismissed as an afterthought. The trial court is not obliged to conduct a trial-within-trial where no timely objection was made. This prevents defendants from ambushing the prosecution by raising voluntariness only after the prosecution has closed its case. Timely objection allows the prosecution to call evidence of voluntariness. The principle ensures orderly procedure and prevents tactical delays.