LEGAL PRINCIPLE: EVIDENCE LAW – Confession – Retracted Confession – Tests for Weight to be Attached
PRINCIPLE STATEMENT
The following considerations have been laid down for the weight to be attached to a retracted confession: (i) Is there anything outside the confession which shows that it is true? (ii) Is it corroborated in any way? (iii) Are the relevant statements of fact made in it most likely to be true as far as they can be tested? (iv) Did the accused have the opportunity of committing the offence? (v) Is the confession possible? (vi) Is the alleged confession consistent with other facts which have been ascertained and established?
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Akinmoju v. State (2000) NLC-11999(SC) at p. 16; Paras D–E.
"The following considerations have been laid down for the weight to be attached to a retracted confession: (i) Is there anything outside the confession which shows that it is true? (ii) Is it corroborated in any way? (iii) Are the relevant statements of fact made in it most likely to be true as far as they can be tested? (iv) Did the accused have the opportunity of committing the offence? (v) Is the confession possible? (vi) Is the alleged confession consistent with other facts which have been ascertained and established?"
EXPLANATION / SCOPE
When a confession is retracted, courts apply six tests to determine weight: (1) external evidence of truth; (2) corroboration; (3) testability of factual statements; (4) accused’s opportunity to commit the offence; (5) possibility of the confession; (6) consistency with established facts. These tests help assess whether the retracted confession is truthful despite withdrawal. No single test is conclusive; the court evaluates all circumstances. A retracted confession can still ground conviction if, applying these tests, the court is satisfied of its truth beyond reasonable doubt.