CRIMINAL PROCEDURE — Trial within Trial — When Required — Objection to Voluntariness of Confession
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at p. 11; Paras B—D:
"The position of the Law is well settled and it is that where the accused person says that he did not voluntarily make the statement credited to him, such a stand by the accused person calls for the holding of a trial within trial. Where on the other hand, the accused person says he did not sign the statement, the statement should be admitted in evidence, thereafter, the question of what weight should be attached to such a statement becomes an issue for the Judge to decide at the end of the trial. The time to object to the voluntariness of the confessional statement is at the time of tendering the statement and not when the accused person opens his defence or during that defence."
Explanation / Scope
This principle establishes that a trial within trial is required where the accused objects to the voluntariness of a confession, but not where the accused merely denies signing it, in which case the statement is admitted and weight determined later. The principle applies where confessions are challenged. It ensures that voluntariness is properly determined. The principle reflects the procedure for objections. It prevents late objections. The court must hold a trial within trial where voluntariness is challenged. The principle provides guidance on trial within trial.