SEE: ~:OJU VS. F. R. N. (2008) 7 NWRL (PT. 1085)
~::PHEN VS. STATE (2013) 8 NWLR (PT. 1355)
In other words, before giving legal effect to a confessional
state~~nt ~f a defendant, I am enjoined to test it as to its truth by
examining 1t along with other evidence to determine whether it is
probable. In or~er to be able to do this, the appellate courts have
set some guiding principles and I am implored to ask myself the
following questions:(a) Is there anything outside the confession to show that it is true?
(b) ls •it corroborated?
(c) Are the relevant statements made in it of facts true as far as
they can be tested?
(d) Was the defendant one who had the opportunity of committing
the offence?
(e) Is his confession possible?
(f)
Is it consistent with other facts which have been ascertained
and have been proved?
SEE: KABIRU VS. A. G., OGUN STATE (2009) 5 NWLR
(PT. 1134) 209.
NSOFOR VS. STATE (2004) 18 NWLR (PT. 905)
292.
If the confessional statement passes the tests satisfactorily, it will
be proper for me to convict based on it unless other grounds of
objection exists . However, if the confessional statement .fails t?
pass the tests, 110 conviction can properly be founded on 1t and 1f
any is founded on it, it will invariably be overturned on appeal. As I
said earlier, the evidence the prosecution tendered at the trial in
respect of the point under consideration is only the testimony of
the P.W .3, the confessional statement of the defendant which is
Exhibit C" and circumstantial evidence that the stolen money was
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