20
See also
Jua vs state (2010) 29. Fabiyi vs state (2013)
Lpnr,n
Where a confession is voluntary, direct, positive and uneq-uivocal
and the court is satisfief of its truth, the court may convict a Defendant
on it alone. See Kamila Ys State (201s) LPELR (SC) 14; Ugboji Vs.
State (2017) LPELR (SC) 32-33.
It must be noted however that while
a court can
convict on the
confession of a Defendant, a confession does not relieve the prosecution
of its unshifting burden of proof. It still bears the burden ofproying the
offence confessed to beyond reasonable doubt. In Adekoya Vs. State
Q0l7) LPELR (SC) 29,the Supreme Court held:
"It is trite law on the issue of burden of proof that where an
accused in his statement to the police admitted committing
the crime, the prosecution is not relieved of the burden. Any
failure to discharge this burden renders the benefit of doubt
in favour of the Bcsused."
See also
Taiye Vs State (2018) LPELR (SC) 7.
I think it makes good sense for the prosecution to prove first that
an offence was committed before beginning to look for the offender or
criminal. If no offence is proved, a confession to the commission of an
offlence
will not avail the prosecution
and the court cannot convict on
such a confession. There must be stealing to have a thief, there must be
armed robbery to have,an armed robber and there must be murder to
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