contravening the provisions of Section 17 (1) and (2) of the ACJL of
Sokoto State 2019 because the statements were not recorded in
compliance with the said provisions.
Viewed closely, Section 17 (2) of the ACJL of Sokoto State 2019 in my
humble view, applies only where the accused person decided to
volunteer a confessional statement to the investigating authority in
compliance with the provisions of subsection (1) of the same Section
17 of the ACJL of Sokoto State 2019.
But in this case, the defendant did not even agree that he made any
statement at both the Divisional Police Headquarters, Sabon Birni and
State CID Office, Sokoto. The defendant in his evidence-in-chief,
testified as follows:“I have never confessed to the crime I have
never made any statement at the police
station.”
With the foregoing evidence of the defendant as DW1, the least that
can be said, is that the defendant has retracted his confessional
statements.
It is trite law that a trial court can convict upon a retracted confessional
statement where there are other pieces of evidence outside the
confession showing the probability of it’s being true, the opportunity of
the defendant to commit the crime, and it consistency with other facts
that have been ascertained and established.
- Osuagwu V. State (2009) 1 NWLR pt. 1123 p. 523.
Page 14 of 19