LEGAL APPRAISAL OF THE ADMISSIBILITY OF CONFESSIONAL STATEMENT UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015

Abstract
Crime has been a menace which bedevils Nigeria. In Nigeria, the police is responsible for detecting and preventing crimes, as well as
obtaining evidence for criminal prosecution. Thereafter, the AttorneyGeneral of the Federation and the States or any legal officer in their department is responsible for prosecuting these offences. A fortiori, these two governmental institutions must collaborate to ensure the smooth and successful prosecution of offences. Thus, when a crime is discovered, the police must collect enough evidence for a state prosecutor who will evaluate it in the light of the elements of the offence. Despite the growing indication that confessional or extrajudicial statements are untrustworthy, they continue to be the gold standard of evidence for police investigations. Confessions are admissible under different rules in different countries. These standards are in place to ensure that no one is wrongfully convicted.
Prior to the enactment of the Administration of Criminal Justice Act (ACJA) 2015, there was no legal framework guiding the extraction of confessional statement from an accused. The Court only made what is termed Judgment Rule which has no force of law. Toachieve justice
and edge out injustice, it is only right that the process of obtaining confessional statements be free from the damning effect of the threat of
violence and other vices. This article recommends that clear provisions as to the recording of confessional statement be made
through the amendment of sections 15(4) and 17(2) of the ACJA 2015 to reflect the lawmakers’ true, plain, and unambiguous intentions.

Keywords: Crime, Evidence, Admissibility, Confessional Statement.

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