CRIMINAL LAW — Confession — Inconsistency Rule — Non-Application to Accused Person
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at pp. 4—5; Paras E—A:
"The inconsistency rule does not apply to an accused person. It does not cover a case where an accused person's extra-judicial statement is contrary to his testimony in Court. A Court can convict on the retracted confessional statement of an accused person, but before this is properly done, the trial Judge should evaluate the confession and testimony of the accused person and all the evidence available."
Explanation / Scope
This principle establishes that the inconsistency rule does not apply to an accused person’s extra-judicial statement conflicting with their testimony, and a court may convict on a retracted confession after evaluating the confession, testimony, and all evidence. The principle applies where confessions are retracted. It ensures that retracted confessions are properly evaluated. The principle reflects the non-application of the inconsistency rule to accused persons. It allows conviction on retracted confessions. The court must evaluate the evidence. The principle provides guidance on retracted confessions.