EVIDENCE LAW — Prosecution — Duty to Tender Statements Made by Accused Person
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at p. 11; Paras C—D:
"The prosecution is expected to tender all the statements made by the accused person to the Police whether at the time of his arrest or subsequently... To deprive the appellant standing trial for an offence which carries the death penalty the use of his statement made to the Police to my mind renders the trial unfair."
Explanation / Scope
This principle establishes that the prosecution must tender all statements made by the accused to the Police, and failure to do so, especially in capital offences, renders the trial unfair. The principle applies in criminal trials. It ensures that all statements are before the court. The principle reflects the duty of the prosecution. It prevents unfair trials. The court must require all statements to be tendered. The principle provides guidance on prosecution’s duty.