whatsoever that a confessional statement made by an accused person
constitutes potent evidence in the hands of a prosecutor for proving a
charge.
By s. 28(1) of the Evidence Act 2011, “[a] confession is an
admission made at anytime by a person charged with a crime, stating or
suggesting the inference that he committed that crime.” See BRIGHT v
THE STATE [2012] 8 NWLR (PT. 1320) 297. Once an accused person
makes a statement under caution, admitting the charge or creating the
impression that he committed the offence with which he is charged, the
statement becomes confessional. See HASSAN v STATE (2001) 7 SC (PT
II) 85 at 93. It is now well ingrained in our jurisprudence that a free and
voluntary confession of guilt made by an accused person, if direct and
positive, is sufficient to warrant his conviction without any corroborative
evidence insofar as the court has no reservations as to the truth of the
confession. See YESUFU v STATE (1976) 6 SC 167 at 173; IDOWU v
STATE (2000) 7 SC (PT II) 50 at 62 - 63; NSOFOR v STATE [2004] 18
NWLR (PT 905) 292; NWACHUKWU v STATE [2004] 17 NWLR (PT.
902) 262; OGOALA v STATE (1991) 3 SC 80 at 88; ADEYEMI v STATE
(1991) 7 SC (PT II) 1 at 48, and AKPAN v STATE [1990] 7 NWLR (PT
160) 101. In the realm of criminal law, a confessional statement is a
statement that admits of the commission of the crime charged both in
fact and in law. Put differently, a confessional statement must admit of
the doing of an act or the making of an omission that constitutes an
offence in law, including all the ingredients of the crime or offence
confessed. See NWOBE v STATE [2000] 15 WRN 133 at 141. Let us
therefore condescend on the said Exhibits P6A and P6B to ascertain
whether they are sufficient without more to ground the conviction of the
accused person as has been forcefully urged upon me by the
Prosecution.
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