CRIMINAL LAW — Confessional Statement — Unsigned Retracted Confession — Conviction Unsustainable
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at p. 10; Paras A—B:
"I am firmly of the view that the Courts below were clearly in the wrong to sentence the appellant to death solely on an unsigned retracted confessional statement. If ever the need arose to find some independent evidence, outside Exhibit 1, this is the case, sadly there is no evidence other than Exhibit 1."
Explanation / Scope
This principle establishes that a conviction cannot be sustained solely on an unsigned retracted confessional statement, especially where no independent evidence exists. The principle applies in criminal trials where confessions are relied upon. It ensures that convictions are not based solely on unreliable confessions. The principle reflects the need for independent evidence. It prevents wrongful convictions. The court must require corroboration or independent evidence. The principle provides guidance on unsigned retracted confessions.