LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Confessional Statements – When to Object to Voluntariness at Trial
PRINCIPLE STATEMENT
The practice in trial courts is for an accused person who denies the voluntariness of his extra-judicial statement to object when the prosecution seeks to tender it in evidence.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Effiong v. State (1998) NLC-1441997(SC) at p. 7; Paras D–E.
"The practice in trial courts has been for an accused person who denies the voluntariness of his extra-judicial statement made to the police, to object to the statement when the prosecution seeks to tender it in evidence."
EXPLANATION / SCOPE
Objection to voluntariness must be raised at the time of tender. The principle applies to criminal trials. The accused must object promptly. The rule ensures a trial within a trial. The prosecution must prove voluntariness. The principle is fundamental.