LEGAL PRINCIPLE: CRIMINAL LAW — Confessional Statement — Retracted Confession — Conviction on Retracted Confession — Conditions for Conviction on Retracted Confession
PRINCIPLE STATEMENT
A conviction may be based on a retracted confession if there is corroboration or external evidence showing it is true; the court must test the confession against opportunity, possibility, and consistency with proved facts.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Kareem v. FRN (2002) NLC-3352001(SC) at pp. 12–13; Paras D–A.
"Though the appellant resiled from that statement, his statement remained voluntary and his conviction upon that statement depended very much upon whether there is anything outside it to show it was true. Is it corroborated? Are the statements made in it of fact so far as they can be tested true? Was the prisoner a man who had the opportunity of committing the offence? Is his confession possible? Is it consistent with other facts which have been ascertained and have been proved?"
EXPLANATION / SCOPE
A retracted confession can support a conviction if the court is satisfied of its truth. The court applies established tests: (1) external evidence of truth; (2) corroboration; (3) testability of factual statements; (4) accused’s opportunity to commit the offence; (5) possibility of the confession; (6) consistency with proved facts. The retraction does not render the confession inadmissible. The court must carefully evaluate the confession against other evidence. The standard remains proof beyond reasonable doubt. The tests protect against false confessions. The judge must be satisfied that the confession is truthful despite retraction. The principle is well-established in Nigerian law.