Confessional Statements In Nigerian Criminal Law
Introduction
Confessional statements play a critical role in criminal justice. However, not every person who confesses to a crime is truly guilty. In many situations, suspects confess because of fear, pressure, threats or intimidation.
Nigerian law therefore sets strict rules on how law enforcement officers must obtain confessional statements. Courts will only accept a confession when the accused person makes it freely and voluntarily. Where force, threats or promises influence a statement, the court will reject it.
This article explains confessional statements, the rights of an accused person, the governing laws and the role of courts in ensuring fairness.
What Is a Confessional Statement?
In simple terms, a confessional statement is an admission made by a person accused of committing a crime. It is a statement in which the person accepts or suggests involvement in the offence.
Under the Evidence Act, a confession means an admission made at any time by a person charged with a crime which states or suggests involvement in that crime.
To carry legal weight, a confession must be clear, direct and personal. I t must also relate to the accused person’s own actions, knowledge or intention.
Where the accused makes the statement voluntarily, the court may rely on it as strong evidence. However, any form of pressure or inducement makes the statement unreliable and inadmissible.
Why Confessional Statements Matter
Confessional statements often play a decisive role in criminal trials. A voluntary admission of guilt can serve as powerful evidence.
In some cases, a confession alone may support a conviction. Even so, the court must first confirm that the statement was voluntary.
Where a dispute arises, the court conducts what is known as a trial within trial. At that point, proceedings pause while the judge examines only the confession.
If evidence shows that the statement was forced, it will be rejected. However, once the court is satisfied that it was voluntary, the main trial continues.
Who Is an Accused Person?
An accused person is someone who has been formally charged with a criminal offence. Once a charge is brought, the law recognises that individual as an accused person.
At this stage, constitutional protections apply. For instance, the accused person has the right to remain silent. No one can compel the person to give evidence against themselves.
Given these protections, any confessional statement must respect these rights to remain valid.
Legal Rules on Confessional Statements
Nigerian law provides clear rules on confessional statements. These rules aim to prevent abuse and ensure fairness.
Evidence Act
Section 27 of the Evidence Act defines what amounts to a confession. Section 28 also sets an important limit. It provides that a court will not admit a confession if the accused made it as a result of oppression, threat or inducement.
Because of this requirement, the prosecution must prove that the confession was voluntary.
Administration of Criminal Justice Act 2015
The Administration of Criminal Justice Act adds further safeguards.
To begin with, Section 15(4) requires law enforcement officers to record confessional statements in writing. In appropriate cases, electronic recording may also be used.
Section 17(2) further allows the presence of a legal practitioner. Where a lawyer is not available, the law permits other neutral persons, including:
• an officer of the Legal Aid Council
• a civil society representative
• a Justice of Peace
• or any person chosen by the suspect
These measures help reduce the risk of forced or manipulated confessions.
Role of Courts
Courts play an active role in protecting the rights of accused persons. Over time, judicial decisions have strengthened the rules governing confessional statements.
Recent decisions show that judges now insist on strict compliance with the Administration of Criminal Justice Act. In particular, proper recording has received strong judicial support.
More recently, the Supreme Court has taken a stricter position on how confessional statements must be recorded. In FRN v Akaeze (2024), the Court held that law enforcement officers must record confessional statements in an audio visual format in line with the Administration of Criminal Justice Act. The Court emphasised that this requirement is mandatory. Where officers fail to comply, the confession may be rejected. This decision reinforces transparency and strengthens the protection of suspects against forced confessions.
Failure to follow these procedures may lead to rejection of the confessional statement. This promote accountability and discourages abuse. More importantly, it helps prevent wrongful convictions based on unreliable confessions.
Practical Challenges
In practice, disputes over confessional statements remain common. Many accused persons later claim that officers pressured or intimidated them during interrogation.
Courts therefore conduct trial within trial proceedings to resolve these disputes.
Another challenge arises from limited access to recording facilities in some police stations. Although the law encourages electronic recording, implementation still varies across locations.
For this reason, legal representation during questioning remains essential.
Conclusion
Confessional statements remain important in Nigerian criminal law. However, the law does not accept every confession at face value.
Courts instead require that such statements must be voluntary, clear and properly obtained. Both the Evidence Act and the Administration of Criminal Justice Act provide safeguards to protect accused persons.
Judicial decisions continue to reinforce these protections. In doing so, they ensure that the justice system balances effective investigation with the protection of fundamental rights.
Ultimately, fairness in criminal trials depends not just on what is said, but on how that statement is obtained and recorded.
Authorities
• Evidence Act 2011 as amended
• Administration of Criminal Justice Act 2015
• Constitution of the Federal Republic of Nigeria 1999 as amended
• Ofordike v State 2019
• Akpan v State 1992
• Yesufu v State 1976
• FRN v Akaeze 2024 12 NWLR (Pt. 1951)1
• Friday Charles v State of Lagos 2023
By Goodness Moses Esq
A Lawyer and justice sector advocate. She writes on law, justice reform and institutional accountability in Nigeria.