THE INADMISSIBILITY OF EXTRAJUDICIAL CONFESSION IN CRIMINAL PROCEEDINGS: AN INCONGRUITY

Abstract

This paper reviews the law and practice in relation to the admissibility of extra-judicial confessions in criminal proceedings in Nigeria. The author investigates the proposition that extra-judicial confession is inadmissible in Nigeria. An extrajudicial confession is an out-of-court admission of guilt which can be either written or oral, including confessional statements made in police custody by the accused. The doctrinal research methodology is adopted in this study. The findings and critical analysis in this paper reveal that there are conflicting Supreme Court decisions on the inadmissibility of extra-judicial confessions in criminal proceedings in Nigeria. Based on the aforesaid analysis, the author recommends that extra-judicial decisions should be made admissible in law. The confessional statement of an accused person if made voluntarily should be admissible despite being an extra-judicial statement, provided certain procedural safeguards are put in place. In outlining the proposed model, the author seeks to give effect to the safeguarding provisions in the Administration of Criminal Justice Laws.