Principle Statement

The fact of retraction of a confession does not make it evidence upon which the court cannot act.

Ratio Decidendi (Source)

Per Aderemi, JSC (quoting trial court), in Tanko v. State (2009) NLC-123-53-2008(SC) at p. 1; Paras E–A.

"The fact of retraction of a confession does not make it evidence upon which the court cannot act."

Explanation / Scope

This principle establishes that a retracted confession remains admissible and the court can act upon it. Retraction does not automatically render the confession unreliable. The court must consider the confession alongside other evidence. The principle applies where an accused retracts a confession. It ensures that retractions do not automatically exclude confessions. The principle reflects that retraction affects weight, not admissibility. The court must evaluate the circumstances. The principle provides guidance on evaluating retracted confessions. It prevents accused persons from escaping justice by merely retracting a confession.

Cases Applying This Principle