CRIMINAL LAW — Confession — Definition and Voluntariness
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at pp. 2—3; Paras E—A:
"By virtue a section 27 (1) and (2) of the Evidence Act a confessional statement is a statement by an accused person charged with an offence stating that he committed the offence. A confession cannot be used against an accused, unless the Court is satisfied that it is voluntary. Where a confessional statement is made voluntary by the accused person, such an accused usually enters a guilty plea and a conviction based entirely upon evidence of confession of the accused person would not be upset on appeal."
Explanation / Scope
This principle defines a confession as a statement by an accused admitting the offence, requiring voluntariness for admissibility, and a conviction based on a voluntary confession will not be upset on appeal. The principle applies where confessions are relied upon. It ensures that confessions are voluntary. The principle reflects the requirements for confessions. It prevents use of involuntary confessions. The court must be satisfied of voluntariness. The principle provides guidance on confessions.