PRINCIPLE STATEMENT

It has been held that an admission made at any time by a person charged with an offence (even before it was decided formally charge him with committing a crime and although with no caution having been administered) suggesting that he committed the offence is a relevant fact against him, the maker, and if made voluntarily is admissible in evidence.

RATIO DECIDENDI (SOURCE)

Per Uwaifo, JSC, in Akinmoju v. State (2000) NLC-11999(SC) at p. 3; Paras A–B.
"It has been held that an admission made at any time by a person charged with an offence (even before it was decided formally charge him with committing a crime and although with no caution having been administered) suggesting that he committed the offence is a relevant fact against him, the maker, and if made voluntarily is admissible in evidence."
View Judgment

EXPLANATION / SCOPE

Admissions made before formal charge or caution are admissible if voluntary. The absence of a caution does not automatically render a confession inadmissible—voluntariness is key. Pre-charge admissions are relevant facts against the maker. The court must still determine voluntariness by examining circumstances: threats, promises, or oppression. No mechanical rule excludes pre-caution statements. This allows courts to receive valuable evidence while protecting against involuntary confessions. The test remains whether the statement was free and voluntary, not whether formalities preceded it.

CASES APPLYING THIS PRINCIPLE