REVIEW OF THE RECENT SUPREME COURT DECISIONS ON ADMISSIBILITY OF CONFESSIONAL STATEMENTS

Abstract

This paper x-rayed recent Supreme Court decisions on interpretation of the Administration of Criminal Justice Act, 2015 which has similar provisions in Administration of Criminal Justice Law of Lagos State, 2011 with regard to recording of the confessional statement of a person accused of committing an offence. The Supreme Court has through the instrumentality of the mischief rule principle, made the criteria set out for the recording of statements compulsory and not discretionary unlike the mere cautionary and unenforceable Judges’ Rule applicable in England. It is the finding of this paper that the decisions of the Supreme Court in FRN v. Nnajiofor2 as well as that of Charlesv. State of Lagos3, have given life to sections 15(4) and 17(2) of the Administration of Criminal Justice Act, 2015 (as well as section 9(3) of the Administration of Criminal Justice Law of Lagos State, 2011). Accused Persons are no longer at the mercy of investigative agencies, as the Supreme Court has outlined guidelines that would guide the court in the consideration of confessional statement which includes corroboration no matter how slight. This paper recommends the mischief style of interpretation to draftsmen in understanding the object of any enactment that share similar background. The doctrinal method of research was employed in this paper.