EVIDENCE LAW — Confession — Independent Evidence Desirable
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at p. 5; Paras A—C:
"Though, the Court can convict only on the extra-judicial confessional statement of the accused person, but it is desirable to find some independent evidence. That is to say, it is desirable to have outside the confession some evidence, be it slight of circumstances which make it probable that the confession was true."
Explanation / Scope
This principle establishes that while a court can convict solely on an extra-judicial confession, it is desirable to find independent evidence making the confession probable. The principle applies where confessions are relied upon. It ensures that confessions are corroborated where possible. The principle reflects the preference for independent evidence. It prevents reliance on uncorroborated confessions. The court must seek independent evidence. The principle provides guidance on confessions.