LEGAL PRINCIPLE: CRIMINAL LAW — Confessional Statement — Retraction — Effect of Retraction on Admissibility
PRINCIPLE STATEMENT
When an accused resiles from a confessional statement, it is his function to explain to the court the reason for the inconsistency.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC (adopting Akpata, JSC in Onwumere v. The State), in Kareem v. FRN (2002) NLC-3352001(SC) at pp. 11–12; Paras D–B.
"If the accused person resiles from his confessional statement it is his function to explain to the court as part of his evidence the reason for the inconsistency."
EXPLANATION / SCOPE
When an accused retracts a confession, he bears the evidential burden of explaining the inconsistency. He must provide reasons for the retraction. The explanation may include coercion, inducement, or mistake. The court will consider the explanation but is not bound to accept it. The principle does not shift the legal burden; the prosecution still must prove voluntariness. The accused’s explanation helps the court assess the confession’s credibility. Failure to provide a credible explanation may strengthen the prosecution’s case. The rule applies to both judicial and extrajudicial confessions. The court will evaluate the timing and circumstances of the retraction.