EXTRA JUDICIAL ‘CONFESSIONS’ IN NIGERIAN CRIMINAL TRIALS: THE ACJA LEGAL REVOLUTION AND STATES’ ACJLs ULTRA VIRES PROVISIONS

Abstract

Criminal trials, especially for serious offences, have been fraught with trials within trial with people standing trial mostly coming out as losers1 . The Police that beat ‘confessions’ out of their victims would also be the only available witness to testify whenever the voluntariness of such a statement is in issue. This work has taken an analysis of decided cases, relevant statutes and juristic works to come to the conclusion that the Administration of Criminal Justice Act (ACJA) has not only rendered trials within trial not always necessary but has also alleviated the problems of defendants seeking to refute the voluntariness of their ‘confessions’ before courts. It is also the finding that states’ Administration of Criminal Justice Laws (ACJL) on confessions are not without constitutional (Constitution of the Federal Republic of Nigeria, 1999 hereinafter referred to as CFRN) hiccups. An amendment of the Evidence Act is recommended to cater for defendants in the states’ criminal jurisdictions. Key words: confession, voluntary, statement, police, Administration, Criminal, Justice and trial.