LEGAL PRINCIPLE: EVIDENCE LAW — Confessional Statement — Statement of Co-Accused Not Evidence Against Fellow Accused Unless Adopted
PRINCIPLE STATEMENT
A confession is not evidence against a co-accused but is relevant only against the maker under section 27(3) of the Evidence Act. However, if the confession was made in the presence of a co-accused and adopted by words or conduct, it becomes relevant against them.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in State v. Onyeukwu (2004) NLC-772001(SC) at p. 16; Paras E–A.
"Such a confession is not evidence against the respondent in this case but is a relevant fact against only the maker by virtue of section 27(3) of the Evidence Act. However, if the confession was made by a person in the presence of one or more persons with whom he is jointly charged, and such other persons adopted the statement by words or conduct, then it becomes a relevant fact against them."
EXPLANATION / SCOPE
A co-accused’s confession is only evidence against the maker, not fellow accused. Adoption by words or conduct makes it admissible against the adopting co-accused. The principle applies to criminal evidence. The rule protects co-accused from hearsay confessions. The prosecution cannot rely on unadopted co-accused confessions to prove guilt of another. This is a restatement for proper numbering order.
