EVIDENCE LAW — Confessional Statement — Voluntariness — Duty to Hold Trial Within Trial
Ratio Decidendi
Per Tabai, JSC, in Olayinka v. State (2007) NLC-123-279-2003(SC) at p. 7; Paras C–D:
"Where there is a dispute as to whether or not an accused made a statement voluntarily to the police, an issue as to admissibility is raised and the duty of the trial court is to try the voluntariness of the statement sought to be tendered […] in what is called 'trial within a trial'."
Explanation / Scope
When the voluntariness of an accused’s statement is challenged, the trial court must conduct a trial within a trial to determine its admissibility. This is a separate proceeding where the prosecution must prove voluntariness beyond reasonable doubt. The accused may testify on the issue of voluntariness without being cross-examined on the main case. Failure to conduct a trial within a trial renders the statement inadmissible.