CONFESSIONS UNDER THE NIGERIAN EVIDENCE ACT

Under section 27 of the Evidence Act, a confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed that crime. Voluntary confessions are deemed to be relevant facts as against persons who make them only – section 27(2). Where more than one person are charged jointly and one person makes a statement in front of the others charged, the court shall not take it as evidence against others except where the others adopts it as their statement – section 27(3).

Under section 28, an involuntary statement is irrelevant in a criminal proceeding where it was made by force, threat, promise which appears to the accused reasonable for supposing that by making it, he would gain any advantage or avoid any evil of a temporal nature.

Under section 31, if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of deception practiced on the accused person for the purpose of obtaining it.

Under section 32, evidence amounting to a confession may be used as such against the person who gives it, although it was given upon oath, and although the proceeding in which it was given had reference to the same subject-matter as the proceeding in which it is to be proved, and although the witness might have refused to answer the questions put to him; but if, after refusing to answer any such question, the witness is improperly compelled to answer it, his answer is not a voluntary confession.

Follow @wingrassnews

Victor C. Ezekiel Esq, has many years experience in providing legal representation and advising clients across an exceptionally broad range of contentious and non-contentious matters. His main goal is to help clients resolve any contentious or non-contentious legal problem they are having rapidly and cost effectively.

Email: victorezekielc@gmail.com

Tel: +2348034997413