CRIMINAL PROCEDURE ā Evidence ā Statement of Accused to Police ā Prosecution’s Duty to Produce
Principle Statement
The statement of an accused person made to the Police, if not confessional, is the very foundation of his defence. In the instant case therefore, the prosecution had a duty to make the said statement or statements available to the Court.
Ratio Decidendi (Source)
Per Tabai, JSC, in Olayinka v. State (2007) NLC-123-279-2003(SC) at p. 10; Paras DāE.
"The statement of an accused person made to the Police, if not confessional, is the very foundation of his defence. In the instant case therefore, the prosecution had a duty to make the said statement or statements available to the Court."
Explanation / Scope
The prosecution has a duty to produce the statement of an accused person made to the police, especially where it is not confessional and forms the foundation of the defence. This ensures the accused can rely on their earlier statement and the court can properly evaluate the defence. Failure to produce the statement may prejudice the accused and affect the fairness of the trial.
