LEGAL PRINCIPLE: EVIDENCE LAW — Confessional Evidence — Tests for Determining Truth of Confession
PRINCIPLE STATEMENT
The test for determining the truth of a confessional statement is to seek any other evidence of circumstances that make it probable that the confession is true, including external evidence of truth, corroboration, testability of facts, opportunity to commit the offence, possibility of the confession, and consistency with proved facts.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ikpo v. The State (1995) NLC-1321994(SC) at p. 14; Paras. A–C.
"The test for determining the truth or otherwise of a confessional statement is to seek any other evidence of circumstances which make it probable that the confession is true. In this regard, the court would consider issues such as: (i) Whether there is anything outside the confession to show that it is true. (ii) Whether the statement is corroborated. (iii) Whether the statement of facts made in the confessional statement so far as can be tested is true. (iv) Whether the accused person had the opportunity of committing the offence charged. (v) Whether the confession of the accused person was possible. (vi) Whether the confession was consistent with other facts which have been ascertained and proved at the trial."
EXPLANATION / SCOPE
Courts apply established tests to assess the truth of a confession. The tests examine external evidence, corroboration, testability, opportunity, possibility, and consistency. The principle ensures that confessions are not accepted blindly. The court must be satisfied beyond reasonable doubt. The tests apply to both retracted and non-retracted confessions. The judge must evaluate the confession against the totality of evidence. The rule protects against false confessions. The court may still convict if satisfied after applying the tests.