sta~em~nt, the police shall ensure that the making
and taking of such statement is recorded on video
and the said recording and copies thereof may be
p_roduced at the trial provided that in the qbsence of
y1deo facility, the said statement shall be' in writing
in the presence of a private legal practitioner or any
other person of his choice .
(3) The legal practitioner or any other person referred
to in subsection (2) shall also endorse with his full
particulars, the confessional statement as having
witnessed the recording thereof."
The provision of the law does not affect admissibility of
confessional statement which is evidence and specifically reserved
for the National Assembly. It is a guiding principle which will apply
only where a defendant retracts his confessional statement in
court. In other words, where a defendant confesses to a crime in
his extra judicial statement to the police but in court, he retracts
from his confession, before such a defendant is convicted on the
said confessional statement, the court is required to ensure
compliance with the said provisions of the Administration of
Criminal Justice, Law 2010. The said guiding principle is like the
Judges' Rule and complements the six way test and not legislation
on admissibility of confessional statement. Coming to the point
under consideration, it should be borne in mind that Exhibit "C" as
I said earlier, is not qonfessional statement of the offence of armed
robbery for which the defendant was charged . The defendant in
Exhibit "C,, confessed to having committed a lesser offence than
the one he is alleged to have committed . As such, its being made
voluntarily was not called to question at the time it was tendered . I
therefore, agree with the learned counsel for the prosecution that
having not raised objection against its admissibility on the ground
that it was not obtained voluntarily, the defendant cannot now call
in aid the provision of section 13 (2) and (3) of the Administration
of Criminal Justice Law, 2010.
In Exhibit "C" the defendant admitted the commission of the
offence of stealing or robbery. It is direct and positive and admits
the essential elements of the offence of stealing or robbery.
Confession is the best evidence of guilt against the defendant. It is
stronger than the evidence of eye witness because the evidence
that is to say the conf~ssion came from the defendant. A voluntary
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