LEGAL PRINCIPLE: CRIMINAL LAW – Confessional Statements – Tests for Determining Veracity of Confession – Applicability of Ridley’s Tests
PRINCIPLE STATEMENT
The test for determining the veracity or otherwise of a confessional statement is to seek any other evidence, be it slight, of circumstances which make it probable that the confession is true. These consist of the following: (1) Whether there is anything outside the confession to show that it is true. (2) Whether the statement is corroborated, no matter how slightly. (3) Whether the facts contained therein, so far as can be tested, are true. (4) Whether the accused person had the opportunity of committing the offence. (5) Whether the confession of the accused person was possible. (6) Whether the confession was consistent with other facts which have been ascertained and proved in the matter.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Alarape & Ors v. State (2001) NLC-872000(SC) at p. 16; Paras A–D.
"The test for determining the veracity or otherwise of a confessional statement is to seek any other evidence, be it slight, of circumstances which make it probable that the confession is true. These consist of the following: (1) Whether there is anything outside the confession to show that it is true. (2) Whether the statement is corroborated, no matter how slightly. (3) Whether the facts contained therein, so far as can be tested, are true. (4) Whether the accused person had the opportunity of committing the offence. (5) Whether the confession of the accused person was possible. (6) Whether the confession was consistent with other facts which have been ascertained and proved in the matter."
EXPLANATION / SCOPE
The veracity of a confession is tested by examining external evidence, however slight, that makes it probable. Six tests apply: (1) external evidence of truth; (2) corroboration (no matter how slight); (3) testability of factual statements; (4) accused’s opportunity to commit offence; (5) possibility of the confession; (6) consistency with proved facts. These tests help determine whether the confession is truthful, even if retracted. No single test is conclusive; the court evaluates all circumstances. The tests protect against false confessions while allowing truthful ones to ground conviction. Corroboration need not be substantial—slight evidence suffices. The judge must apply these tests conscientiously.